Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Nationwide Ban on Non-Compete Agreements: Requirements and Texas Court Decision Explained

Watch this Employment Law After Hours video to find out about the Federal Trade Commission’s (FTC) groundbreaking Final Rule that bans non-compete agreements nationwide. This video also explores the recent decision by the Northern District of Texas to enjoin and delay the implementation and enforcement of the Final Rule banning non-compete agreements nationwide.

Pregnant Employee Protections - New Requirements for Employers

New protections are coming to the workplace for pregnant employees in 2023! In the most sweeping changes since the Pregnancy Discrimination Act of 1978, two new federal laws were recently passed: (1) the PUMP for Nursing Mothers Act (otherwise known as the Pump Act), and (2) the Pregnant Workers Fairness Act. The requirements of these statutes will require employers with more than 15 employees to implement new policies for their handbooks.

Employment Law After Hours Video | How Do You Hire an Employee: A Comprehensive Guide

Do you know the actual, legal process to #hire an #employee? Hiring employees is one of the most important functions companies and employers engage in for their business to be successful.

Employment Law After Hours VIDEO: What Is Employment Law After Hours?

Recently, Brennan, Manna & Diamond Director of Marketing, Jennifer Shankleton, sat down with BMD Partner Bryan Meek to discuss the creative process and strategy around launching the YouTube video podcast series Employment Law After Hours. ELAH was created during the height of the COVID-19 pandemic to help better inform employees on the most current employment law news in an efficient but also entertaining way. The series has now grown to reach not only Brennan, Manna & Diamond employees, but has now expanded to their individual clients who might be experiencing similar issues. Don’t forget to subscribe to their YouTube Channel!

Employment Law After Hours VIDEO - Managing Difficult Employees: Performance Improvement Plans

Performance Improvement Plans are some of the best ways to improve employee performance when they are not meeting work expectations or violating company policies and employer rules. Yet, many employers utilize performance improvement plans incorrectly. Therefore, in this in-depth episode of Employment Law After Hours, we explore the best practices for performance improvement plans, as well as providing the supervisor/manager conversation demonstrations, and an ultimate demonstration of providing a performance improvement plan to an employee.

Employment Law After Hours VIDEO - COVID Religion Exemption Requests

Showing & Analyzing Employee Vaccine Religious Accommodations What are religions exemptions and accommodations for COVID-19? What is considered a religious exemption? Are religions exemptions different from religious accommodations regarding the COVID-19 vaccine? How can employees request a religious exemption? How can employees request a religious accommodation? Can employers or companies meet with employees requesting a religious accommodation? What occurs in these meetings? What other information do people, employees, and employers need to know about COVID-19 vaccination religious accommodation / exemption requests? These questions are arising more and more because of the recent Supreme Court decisions.

Employment Law After Hours VIDEO - Talking Pay with Your Co-Workers: Rules Prohibiting Employees from Comparing Wages and Salary

Do you have policies or other rules that employees cannot talk about their pay, wages, or other benefits at work? Such policies may be illegal under the National Labor Relations Act, as regulated by the National Labor Relations Board. In this episode, we discuss concerted activity, which is protected for employees under law, and what employers can do legally to encourage a culture where employees are more comfortable discussing their pay with human resources, rather than each other. The NLRB can be very strict when analyzing handbooks and other policies that even implicitly prohibit such employee discussions on pay, wages, and salaries. It is important that you conduct routine handbook audits to ensure that such policies are not violating the law, which could lead to penalties and fines.

Employment Law After Hours VIDEO - Working Off the Clock: Laws Requiring Payment for Work Performed After Shift Ends

Do employees get paid when they work off the clock after the end of their scheduled shift? What if an employee answers emails or text messages after work? Do companies or employers have to pay employees for answering emails or text messages at home? Do employers or companies have to pay for de minimis work time? Do you have to pay exempt (salary) employees for working from home? Do you have to pay non-exempt employees for working from home? Do companies have to pay overtime for working from home? These questions are answered by the federal Fair Labor Standards Act, which requires that non-exempt employees be paid at least minimum wage (and possibly overtime) for all hours worked, regardless of where and when those hours are worked. Always remember to check specific state laws regarding employee payments in your state.

Employment Law After Hours Podcast: Paying Employees in Cryptocurrency

As cryptocurrencies such as Dogecoin, Bitcoin, and Ethereum rise in popularity, employers are asking: can it be used as compensation for employees?

Employment Law After Hours: CDC SAYS NO MORE MASKS FOR VACCINATED PEOPLE: What does this mean for employers and employees?

This morning, ELAH published an emergency episode discussing the questions employers sent us since the CDC’s release of its revised mask guidance late last week. This episode explores questions such as whether an employer can allow vaccinated people to go without masks, while requiring unvaccinated people to wear a mask, whether employers can inspect an employee’s vaccine card, and it discusses the risks of liability an employer faces based on the decisions and policies it makes following the release of this CDC guidance, along with many other questions.