Tiffany D. Hendricks

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Tiffany Hendricks focuses her practice on employment litigation and counseling, representing companies across a wide variety of industries in all types of employment-related matters. She represents employers in federal and state court litigation and administrative agency proceedings arising out of alleged labor and employment law violations.

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What’s Mine is Yours and What’s Yours is Mine: The NLRB’s New Joint Employer Rule Vastly Expands Joint Employer Status

By Tiffany D. Hendricks on Posted in Employment Litigation, Labor Relations
Do you know who your employees are? It seems pretty simple – those individuals on your payroll whose employment you control and supervise, right? Not so fast, says the National Labor Relations Board (NLRB or Board). Under the NLRB’s new joint employer rule, a company can be deemed a “joint employer” of another entity’s employees … Continue Reading

As School Bells Ring, Employers Should Review School-Related Activities Leave Policies

By Tiffany D. Hendricks on Posted in Employee Benefits, Employee Handbooks & Policies
Another school year is upon us, which means employers around the country should study up on school-related activities leave policies. While there is no federal law mandating that employers give employees time-off to attend school-related activities for their children, there are many states across the country that do. Employers who fail to do their homework … Continue Reading

Promoting Employee Mental Health Well-Being Pays Off

By Tiffany D. Hendricks on Posted in Employee Benefits, Employee Handbooks & Policies
May is Mental Health Awareness Month and the perfect time for employers to check on the mental well-being of their employees and examine their current policies, because doing so will ultimately improve their bottom line. Since the COVID-19 pandemic, workers have reported experiencing stress at work due to compensation not keeping up with inflation, longer … Continue Reading

2022 EEO-1 Component 1 Data Collection Now Set to Begin Mid-July 2023

By Tiffany D. Hendricks on Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention
The EEO-1 reporting deadline has become a moving target, so covered employers need to sharpen their data collection and be ready to upload. The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that the collection window will open in “mid-July” 2023, not April, as initially scheduled. Covered employers should expect to have the same amount … Continue Reading

Don’t Be Left Out In The Cold on Effective Performance Reviews: Five Tips You Need To Know

By Tiffany D. Hendricks on Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention
‘Tis the season for employee performance reviews! In the midst of the chaos that is the holiday season and end-of-year deadlines, employee performance reviews are often scheduled during this busy time of the year. An impending performance review may cause stress and angst for both the manager who has to issue the performance review and … Continue Reading

Objections to COVID-Testing and Asking Vax Status Up Front: Best Practices

By Tiffany D. Hendricks on Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Workplace Safety & OSHA
Employers are being inundated with employee requests for exemptions, not just from mandatory vaccination policies, but also from policies requiring regular COVID-19 testing. How do employers square their duty to provide a safe workplace with the duty to try to accommodate employees who refuse even to be tested? And can they avoid some of the … Continue Reading

Tipped and Non-Tipped Work Back Under the Microscope

By Tiffany D. Hendricks on Posted in Employee Benefits, Employment Counseling & Workplace Claims Prevention, Wage & Hour
The old “80/20 rule” is back again for tipped workers under the latest proposed Final Rule issued by the Department of Labor (DOL) last month. Employers in the service industry, especially those employers who take a tip credit and/or implement a tip pool for their employees, should keep an eye on this latest Final Rule. … Continue Reading

New Federal Guidance: Employers May Offer Incentives for Vaccination

By Tiffany D. Hendricks on Posted in Employee Benefits, Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Genetic Information Nondiscrimination Act, Workplace Safety & OSHA
An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy, public health department, or other health care provider in the community, according to new guidance issued by the EEOC on May 28, 2021.… Continue Reading

Back to Pro-Labor: What Employers Can Expect From a Biden Presidency: Part II, Labor Relations Edition

By Amy Moor Gaylord, Tiffany D. Hendricks, Sul Kim and Thomas Y. Mandler on Posted in Employment Counseling & Workplace Claims Prevention, Labor Relations
While the final results are not yet certified, it appears that we have a new president. Employers across the country, both union and non-union, are wondering what they can expect from a Joe Biden presidency when it comes to organized labor. The Biden campaign was not shy about its strong support for labor unions, and … Continue Reading

Workplace Changes to Expect Under a Biden Administration: Part I

By Ana C. Dowell, Tiffany D. Hendricks and Sul Kim on Posted in Employee Benefits, Employment Discrimination Harassment & Retaliation, Medical & Other Leaves, Non-Compete & Trade Secret Litigation, Wage & Hour
The networks have called the Presidential election for Joe Biden. Assuming those results are certified and President Trump’s legal challenges fail, what should employers expect under the new administration? In Part I of this two-part series, let’s explore what changes we might see in the workplace from the employment law perspective. In Part II, we … Continue Reading

Longer Than Expected Layoffs May Trigger Notice Requirements

By Tiffany D. Hendricks on Posted in Employment Counseling & Workplace Claims Prevention, Labor Relations, Wage & Hour
Back in the spring, when COVID-19 first forced the shutdown of many businesses, did your company temporarily furlough or lay off workers? If so, pay attention to that calendar, as six months may be rapidly approaching. As we noted in our prior blog, certain layoffs and reductions in hours that last longer than six months … Continue Reading

NLRB Issues Joint Employer Final Rule

By Tiffany D. Hendricks on Posted in Employment Counseling & Workplace Claims Prevention, Wage & Hour
Right on the heels of the Department of Labor (DOL) issuing a new joint employer liability test under the Fair Labor Standards Act, the National Labor Relations Board (NLRB) has issued its own employer-friendly final rule for determining joint employer liability under the National Labor Relations Act (NLRA). The NLRB’s final rule is scheduled to … Continue Reading

Three More Employer Holiday Wishes Granted By National Labor Relations Board

By Thomas Y. Mandler, Tiffany D. Hendricks and Blog Admin on Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Employment Litigation, Labor Relations
The holiday cheer keeps coming from the National Labor Relations Board (NLRB) with the release of three new decisions favoring employers: (1) workplace policies covering confidentiality during workplace investigations are lawful; (2) employers can restrict employees’ use of emails for nonbusiness purposes; and (3) employers can stop deducting and remitting union dues after the expiration … Continue Reading

DOL Issues Guidance on Payroll Rounding, Overtime Calculations, and Certain Paralegals

By Tiffany D. Hendricks on Posted in Employment Counseling & Workplace Claims Prevention, Employment Litigation, Wage & Hour
Employers looking for guidance on payroll rounding practices, classification of certain highly compensated paralegals and calculating overtime where employees receive non-discretionary bonuses will be glad to know the Department of Labor has issued three new Opinion Letters on those subjects. DOL Opinion Letters are issued by the Wage and Hour Division of the DOL and … Continue Reading

Minimizing Exposure for Employee Termination Claims

By Tiffany D. Hendricks on Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Employment Litigation
Assessing whether to terminate an employee and how best to deliver the news are challenges every employer faces. Whether it’s a low-performing employee who shows no sign of improvement or an employee who egregiously violates a company policy, having policies and procedures in place and following them will help minimize exposure to claims. In the … Continue Reading

Avoiding Office Holiday Party Headaches

By Tiffany D. Hendricks on Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention
The annual holiday party is a great time of the year to celebrate employees and business successes, but it can be fraught with peril. Wise employers will plan holiday celebrations carefully. Consider the timing. Some employees would rather limit their time with work colleagues to workplace hours. Others may stress over childcare, transportation or other … Continue Reading

NLRB G.C. Issues Guidance on Handbook Rules

By Tiffany D. Hendricks on Posted in Employee Handbooks & Policies
Standard employer workplace policies may once again pass muster, following a Memorandum issued this summer by the NLRB Office of General Counsel. Although Memorandum GC 18-04 is addressed to NLRB personnel, its guidance for how to analyze charges alleging that workplace policies violate the NLRA offers some clarity and reassurance to employers. Employers may recall … Continue Reading
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