Summary: Employee exemption under federal wage law depends on compensation and actual job duties, not a title or the employer’s preferred pay structure. Employers can create wage exposure when responsibilities change while an employee’s classification remains untouched. Periodic classification assessments can help management identify mismatches before unpaid overtime becomes a larger dispute. Changing an employee Read More
The Manager Said It in Slack: When Casual Messages Become Company Evidence
Summary: Slack, Microsoft Teams, email, text messages, and other workplace communications can become evidence in discrimination, retaliation, wage, and termination disputes. Employers can reduce exposure through manager training, consistent documentation, appropriate retention settings, and coordinated preservation procedures. Platforms like Slack, Microsoft Teams, email, text, and other workplace messengers have Read More
Form I-9: The First Compliance Test in Every Hire
Summary: Form I-9 compliance confirms identity and work authorization for employees hired in the United States. Employers that mishandle the process can face civil penalties, audits, correction deadlines, and greater scrutiny, while E-Verify adds a digital verification layer for participating employers. An employer can recruit superb talent, negotiate compensation with precision, and still create compliance exposure Read More
A Lesson on Meeting Deadlines
- Christopher Butler, Esq. A Georgia employee impacted by a reduction-in-force recently lost her opportunity to arbitrate her age discrimination claim simply because she missed her filing deadline by one day. The Eleventh Circuit Court of Appeals (the federal court deciding appeals from Alabama, Florida, and Georgia) recently explained how and why this happened. See Smith v. Int’l Bus. Machs. Corp., 2023 U.S. App. Read More
The Overtime Exemption Reset: Why Employers Should Review Before Rolling Back
Summary: The U.S. Department of Labor has restored the 2019 federal overtime exemption rules, bringing the federal salary threshold for most executive, administrative, and professional exemptions back to $684 per week. Employers may have options, but an overview of roles, state law, payroll history, and existing employee contracts should come before reverting to prior policies. A change in federal overtime rules Read More
Before You Change the Policy Overnight: How Employers Can Reduce Risk When Accommodation, Schedule, or Leave Rules Shift
Summary: Policy resets on accommodation, scheduling, or leave should be tied to actual job demands, leave room for individualized review, and create a record that reflects disciplined business judgment. EEOC guidance places focus on job-related rationale, fair administration, manager guidance, and steps taken to reduce harm when neutral rules affect protected groups. The midnight memo has a certain glamour: one Read More
The Cost of Treating HR Investigations as Theater
Summary: Employers who brush aside HR investigations may invite legal exposure, weaken internal credibility, and encourage repeat conduct. A polished response often includes prompt intake, disciplined documentation, and a uniform review process that treats complaints with care, even when the conduct appears minor at first glance. An HR investigation can arrive with perfect timing for no one: a looming Read More
Employee Confidentiality: When HR Holds the Most Sensitive Cards
Summary: HR departments hold the most sensitive details in an organization, such as identities, pay, discipline records, and in some cases health information. Laws like HIPAA and the ADA set strict boundaries for how medical data is collected, stored, and disclosed, while broader privacy and employment rules apply to everything else in the file. Leaders who define tight access, clear policies, and disciplined Read More
What’s an HR compliance checklist? Do You Need One?
Summary: An HR compliance checklist translates regulatory requirements and company policies into a structured, repeatable process that reduces legal and financial risk. It improves efficiency by keeping HR operations consistent, organized, and accountable across all levels of the organization. For businesses of any size, a tailored checklist protects against oversight and demonstrates a commitment to fair and lawful Read More
Hiring Under the ADA: What You Can and Can’t Ask
Summary: The ADA strictly limits when employers can ask medical questions during hiring. No inquiries are allowed before a conditional offer, and any post-offer medical exams must be consistent, job-related, and followed by an interactive process if issues arise. Vague questions and inconsistent screenings open the door to legal risk. Hiring managers should be meticulous when scrutinizing résumés, checking Read More












