Employment

By: Robert G. Brody   When considering religious accommodation, employers have enjoyed great latitude with accepting or rejecting requested religious accommodations. This was thanks in large part to the Supreme Court’s 1977 ruling in Trans World Airlines, Inc. v. Hardison, which held an employer need only show it would bear more than a “de minimis” cost/effort…

Later today, the United States Supreme Court is set to hear opening remarks in a former postal worker’s claim of religious discrimination against the U.S. Postal Service (the “USPS”) after he was repeatedly disciplined for refusing to work on Sundays.  Once again, this Supreme Court is considering overturning decades of precedent. If successful, the ruling could…

By Robert G. Brody and Luis A. Torres   We previously reported on the Federal Trade Commission’s (FTC) proposed rule that would effectively ban most noncompete agreements in the workplace. However, the FTC’s proposed rule has one major exception: Franchisees. The proposed rule states that the term “worker” does not include a franchisee in the…

By Robert G. Brody and Mark J. Taglia April 24, 2023   Last week, the NLRB’s decision in Noah’s Ark Processors, LLC  (“Noah”) held that repeat offenders of the NLRA could be subject to extraordinary remedies.  The Board went on to detail when such remedies were appropriate, and outlined the types of actions violators could expect to…

Don’t be surprised if no one is answering the phones at Brody and Associates on June 19th.  The number of private employers offering Juneteenth as a paid holiday continues to grow and has jumped significantly over the last three years.  Last year, nearly one-third of all private employers gave their employees a paid day off.  This…

Last week, the NLRB’s decision in Noah’s Ark Processors, LLC  (“Noah”) held that repeat offenders of the NLRA could be subject to extraordinary remedies.  The Board went on to detail when such remedies were appropriate, and outlined the types of actions violators could expect to be subject to if they have undertaken egregious misconduct or “have shown…

By Robert G. Brody and Mark J. Taglia   March 17, 2023     Last week, the U.S. Equal Employment Opportunity Commission (the “EEOC”), filed a  disability bias lawsuit against Papa John’s International Inc. (“Papa John’s”) for firing a blind worker who needed the use of a guide dog to get to and from work (Equal…

The Department of Justice (DOJ) is attacking no-poach hiring agreements, a trend that could have a lasting impact on how companies solicit/secure employees. This trend started in 2016, when they issued guidelines on how to avoid antitrust violations based on the illegal use of no-poach agreements.   The guidance noted that the DOJ could pursue criminal investigations,…

March 31, 2023 By Robert G. Brody and Mark J. Taglia   Late last week, Michigan’s Governor, Gretchen Whitmer, made history when she signed legislation repealing Michigan’s right-to-work law for private-sector employees. The legislation moved swiftly through both Michigan’s Democrat-controlled House of Representatives and Senate and was approved down party lines before quickly being signed…

Do you provide an employee orientation? That is great news, now what about onboarding?  If you are leaving this one out you are missing part of a winning team performance structure.  What is the difference and why utilize both?  One is informative and one is integrative, both are intended to get your new employees off…

Date: August 5, 2022 Start Time: 12 p.m. EST End Time: 1 p.m. EST Platform: Zoom Click here for free ticket: Unfear Fear and uncertainty have been undermining performance and well-being in the workplace for as long as we have had workplaces. Here’s a little-known fact of business: mismanaged fear is responsible for almost all of the dysfunction that most…

What is a Unique Contributor?  Employers that are committed to engaging the reliable strengths of their teams cultivate what we call a Unique Contributor business model. These employers have a direct line of sight to their best competitive advantage, their secret weapon to ongoing growth, their talent base. What about you? Knowledge of your true…

Date: June 24th Start Time: 12 p.m. Eastern Daylight Savings Time End Time: 1 p.m. Eastern Daylight Savings Time Questions: Chat Free Zoom Ticket: Michael Solomon Learn how to recruit the best highly skilled 10x talent brings at least 10 times the value to your organization. About this event Highly skilled 10x talent brings at least 10 times the value…

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During COVID-19 we experienced inventory shortages and the ships lined up waiting to get into the ports. • Today’s new reality is having excess inventory and shortages. • E-commerce created a new reality. Instead of shipping containers to customers individual products are being picked at the warehouse and shipped to the consumers. • High returns of merchandise…

There is significant evidence that supply chains have “normalized.” Delivery times are fast and overall demand is low. Many companies are now looking at “longer-term” supply chain planning and changes. Some of these changes include multi-sourcing and digitizing supply chain operations. Geopolitical events and resulting tariffs/sanctions could quickly change the supply chain landscape, however, so…

Whether you are advising a company preparing for a future sale, or working with a new acquisition, it is helpful to understand the value that independent board directors can bring – for M&A, growth, strategy, and more.  See more at: Optimize the Value of Your Company’s First Independent Directors | Private Company Director   Steven…

Owners don’t like the “Exit” word. They tell us regularly to change it, or that talking about it is uncomfortable. It’s the elephant in the room. I understand. Anyone selling life insurance or funeral pre-planning knows that you don’t start with “So, let’s discuss what happens when you DIE.” For business owners, leaving the business…

When a periodic technology assessment results in a detailed remediation and investment roadmap, the business gains a comprehensive and strategic plan that focuses on various facets that collectively drive value. Through our experience in assisting numerous clients, we’ve seen firsthand the multitude of benefits derived from such initiatives. Here are the top benefits:   Structured Risk Remediation: With…

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