Focused Articles

Respect in Action: 3 Everyday Practices That Build a Better Workplace

By Wayne D'Antoni posted 12 days ago
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In these turbulent times, which feel like an increase in social unrest, it can be challenging to remember the importance of treating others with respect. This is equally true of our relationships with colleagues in our organizations. With many employers facing staffing shortages that can lead to increased workloads and a corresponding rise in stress among their teams, it’s not surprising that employee interactions occasionally become less civil than we would like. In moments like this, it’s important to remember some useful guidelines that can help workers maintain a respectful workplace. Intent vs. Impact - Employees should keep in mind the concept of ...
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Pay Reductions: Legal and Practical Considerations

By Employers Council Staff posted 18 days ago
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In today’s business landscape, some employers are faced with difficult decisions relating to how to keep the business running and keep their workforce. Employers may be considering decreasing employees’ pay instead of reducing their workforce through a layoff. While decreasing an employee’s pay is permissible, there are some considerations that an employer should carefully think through before implementing a reduction in pay. Legal Considerations Pay decreases are permissible as long as they are prospective, meaning the change will go into effect in the future or compensate for work that has not yet been done. You cannot retroactively implement a pay decrease. ...
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Holiday Party Legal Issues for Employers

By Jennifer Vold posted 19 days ago
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This is a reprint of our annual reminders about holiday celebrations: The holidays are just around the corner, and that means it’s time for HR to plan the holiday party. While the fun committee may be thinking about food, decorations, and sparkle, the lawyers are thinking about employee complaints, insurance claims, and liability. Does that mean employers are destined to have a boring celebration? No! Read on to discover the top five legal issues employers face during the holiday party season and how to plan an event that is both festive and less risky. Alcohol Alcohol is at the root of many employer legal issues, and not just during the holiday ...
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The Importance of Year End Audits

By Mark Sikorski posted 27 days ago
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With year-end quickly approaching, organizations should consider conducting year-end HR and payroll audits to address any issues before the start of the new year. Thorough audits support accuracy and ensure compliance with applicable regulations, internal policies, and procedures. According to Wells Insurance, this is also the time of year to focus on tasks that will help start the new year on the right foot. Performing year-end audits can facilitate a smooth transition into the upcoming year. While departments across the organization can gain insight from year-end audits, HR and payroll audits have particular benefits not only to the organization, but they ...
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FMLA Can Be an Inherited Compliance Issue – Successor Employers Beware

By Desiree Sullivan posted 10-29-2025
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Employers who have merged with or acquired another business should conduct an audit of their newly acquired employees. That is because FMLA provides these new employees with continued protections if their new employer meets the definition of a “successor in interest”. Therefore, it is highly recommended when acquiring new employees from a prior business to be aware of compliance issues and liability that the FMLA may create for you. So, what is a “successor in interest”? The Federal Regulations under 29 CFR 825.107 have provided the following factors to be used to determine if an employer is a “successor in interest”: (1) Substantial continuity of the ...
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Are You a California Employer Without Realizing It? How One Remote Employee Can Change Everything

By Brittanie Young posted 10-23-2025
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As remote work continues to expand across state lines, many employers are surprised to learn that just one remote employee in California can increase organizational risk under California’s strict employment laws. It doesn’t matter where your company's headquarters or HR team is located. What matters is where the employee performs their work. A single remote hire in California can trigger obligations that differ significantly from federal law or the rules of your company’s home state. For many out-of-state employers, this is a hidden compliance trap that often goes unnoticed until it’s too late. Employers with even one employee based in California must ...
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Employers Beware: NEW HR Horrors to Avoid

By James McDonough posted 10-22-2025
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For Halloween in 2024, we took a light-hearted approach to common HR challenges in this article. This year, we found more ways to use your membership benefits to ward off spooky new HR Horrors! Brain transplantation: Using AI at work can be a real time saver, and it is tempting to simply accept what it provides and move on quickly to your next task. This would be a grave mistake; AI is prone to errors, so train your brain to effectively review and critically evaluate AI outputs. Consult our Employers Guide to Managing AI in the Workplace for help. Mummifying : Wrapping old diversity and inclusion strategies with new branding without carefully reviewing ...
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Why You Should Have a Reasonable Suspicion Plan in Place

By Employers Council Staff posted 10-22-2025
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When developing your risk mitigation strategy and drug testing policy, include these two essential components: a formal reasonable suspicion policy , also known as for-cause drug testing, in your employee handbook or as a standalone document; an operational guide for frontline supervisors and HR team members. Many organizations overlook the operational side of training supervisors for reasonable suspicion due to its infrequent nature and competing priorities. According to Quest Diagnostics , only 0.6% of drug tests in the general U.S. workforce are conducted for reasonable suspicion. However, these tests tend to yield higher rates of positive results ...
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Controlling Benefit Costs Through Strategic Planning

By Kirsten Ellis posted 10-08-2025
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Managing employee health benefits has become increasingly challenging over the years. Benefit surveys from both AON and Mercer project an average increase of 9-10% in the cost of healthcare for employer-based plans. Anecdotally, some employers are reporting increases of 20% or more. Healthcare costs are rising at unprecedented rates and more employees now require costly, ongoing care. As a result, benefits planning can no longer be a passive, one-time activity. It requires a strategic, data driven approach that balances consideration for employees with the financial goals of the organization. By proactively designing health plans employers can better manage ...
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Who You Gonna Call? The Ins and Outs of Choosing a Workplace Investigator

By Julia Paris posted 09-30-2025
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Workplace investigations are a crucial part of Human Resources. When complaints or conflicts arise, investigations are essential to addressing these issues and determining next steps. The need for a workplace investigation is both legal and practical. Workplace investigations allow employees to be heard, make it clear that an employer takes policies seriously, and get to the bottom of conflicts. From a legal standpoint, addressing an employee complaint satisfies obligations in cases of harassment, discrimination and retaliation complaints, and can help reduce liability in these cases. Prior to beginning a workplace investigation, an HR professional ...
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The PTO Dilemma: Separate or Combined?

By Brandy Walker posted 09-30-2025
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Paid time off benefits can be a powerful component in an organization’s total rewards package. Offering paid sick leave and vacation benefits helps employers compete in the talent market, while also increasing wellness and decreasing burnout. However, they can be a compliance headache if not administered in accordance with state leave laws. In 2011, Connecticut became the first state to mandate paid sick leave, and these states in the Employers Council region have followed suit: Arizona – The Fair Wages and Healthy Families Act (2017) Colorado – The Healthy Families and Workplaces Act (2021) New Mexico – The Healthy Workplaces Act (2022) Additionally, ...
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No Dues Increase for 2026 – Continuing Value You Can Count On

By Glenn Pelster posted 09-29-2025
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Employers Council: Driving Strategic Value in Your 2026 Budget As you begin planning for 2026, Employers Council is here to ensure that you have the support you need to build a smart, strategic budget. We understand that budgeting is not merely a numbers exercise – it also requires us to align our resources with our goals, while preparing for growth, and investing in our people. That’s why we are proud to offer price stability and value as you plan for the future. Membership Pricing Remains Steady Despite rising costs and economic uncertainty, Employers Council remains steadfast in our commitment to your organization’s success; therefore, our ...
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A Workers’ Comp Claim Was Denied. What Now?

By Desiree Sullivan posted 09-02-2025
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When a workers’ compensation claim is denied, what’s next ? For employers, here’s what to consider before deciding how to proceed : When the E mployee I s U nable to R eturn to W ork If your employee cannot return to work , on e of the first considerations should be whether they are eligible for protected leave. Your employe e may qualify for protected leave under the following laws : Family and Medical Leave Act ( FMLA ) : If you are an FMLA -covered employer and the employee is eligible, remember to designate that leave under ...
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Leave-Sharing Plans: What Employers Need to Know

By Ruth Rusongoza posted 09-02-2025
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Employers Council members often inquire about how to handle PTO or leave approvals for employees who have exhausted all their accrued leave. One effective approach for employers to support workers in need of time off is by implementing leave-sharing plans. Leave-sharing plans are employer-sponsored initiatives that enable employees to donate unused PTO, vacation, and/or sick time into a collective pool. The pool, or leave bank, can be accessed by colleagues facing medical challenges or experiencing hardship due to a declared emergency or a natural disaster. Benefits of Leave-Sharing Plans A carefully planned and well-administered leave-sharing program ...
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The NFL Season is Upon Us. Are Office Betting Pools Legal?

By Barbara Bagdon posted 09-02-2025
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With the NFL season in full swing, employers may find that office betting pools are popping up. But are they legal? And how should employers respond? Whether an office betting pool is legal depends on the jurisdiction in which the employer is located. Both federal and state laws apply. Federal Law. While gambling of any sort is strictly prohibited in federal workplaces, federal law does not specifically prohibit office pools among co-workers in the private sector. However, social office betting on sports events is not expressly exempted, either. Several federal statutes could technically apply. The Unlawful Internet Gambling Enforcement Act prohibits ...
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Never Ending Workday

By Wayne D'Antoni posted 08-27-2025
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The work ethic of the average American employee has rarely been questioned over the years. While there are many who look upon today's youthful generation of workers with disdain, lamenting a perceived sense of entitlement and lack of “drive” of the younger Millennials and Gen- Z'ers , most workers are quite driven to perform and, in equal measure, to succeed. With that in mind, it’s not surprising to find that a good many workers in this country have little regard for keeping traditional work hours. Today with flexible schedules and remote/hybrid work environments, a significant number of employees are putting ...
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Boomerang Employees: What Employers Need to Know About the Rehiring Process

By Brandy Walker posted 08-27-2025
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As many employers struggle to find skilled job candidates, rehiring a worker who previously left the organization, or a boomerang employee , can be an effective way to fill a position. According to ADP Research , this practice is on the rise, with boomerang employees accounting for 35% of new hires in March 2025. That’s up from 31% a year ago and 27% two years ago. While deciding to rehire someone may seem like a straightforward decision, taking time to establish a well-thought-out rehire process can reduce risks, increase administrative efficiency, and decrease costs in the hiring process. The following are key considerations for employers. The Rehire ...
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Let’s Talk About It: How to Improve Communication with Employees

By Wayne D'Antoni posted 08-13-2025
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Many managers and HR professionals are all too familiar with the following scenarios: An employee has been out of touch and difficult to reach for a couple of days. An employee with whom you have been texting about a certain problem is providing you with little or vague information. You’re caught up in what seems like an endless email trail with a staff member that results in more confusion than resolution. Dealing with employees who are not effective communicators can be a frustrating experience. This is particularly difficult when there is a time-sensitive matter that needs attention, requiring ...
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Should Employers Reconsider Sponsoring Employee Resource Groups?

By Edward Encinias posted 08-06-2025
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With the change in presidential administration and the shifting of Equal Employment Opportunity Commission (EEOC) guidance, now might be the time for employers to revisit their sponsored employee resource groups (ERGs) to ensure they do not discriminate. A case pending before the 10th Circuit Court of Appeals highlights the tension between supporting ERGs and maintaining non-discrimination policies in the workplace. The case is Christians in the Workplace Networking Group v. National Technology and Engineering Solutions of Sandia LLC . What Are Employee Resource Groups ? Employee resource groups have become a common ...
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Use These Best Practices for Effective Performance Management

By Kirsten Ellis posted 08-06-2025
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In today's competitive business environment, effective performance management is essential for fostering employee engagement, enhancing productivity, and achieving organizational objectives. Businesses that champion performance management do more than manage — they inspire a culture of continuous growth, transparent communication, and accountability. This article offers guidance to help organizations elevate their performance-management practices. Goal Setting and Alignment Effective performance management starts with establishing clear and aligned objectives . Without well-defined targets, employees may struggle ...
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