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Employment Law

733 items

2 Fired Whistleblowers Get Their Jobs Back — Plus $453K

A national employer is the latest to find itself on the wrong end of an OSHA whistleblower investigation.  Here’s what happened at a Georgia worksite that turned out to be a six-figure mistake. Terminations Prompt Whistleblower Investigation CSX Transportation is a freight railroad company that operates in the Eastern U.S. In November 2018, two employees […]

New Supreme Court Term: 6 Employment Cases to Watch

The U.S. Supreme Court’s 2024-25 term opened this week – and several employment issues are already on the docket.  Here are six cases that need to be on your radar: On the Supreme Court’s Calendar Here’s what’s on the Court’s calendar so far: Employee Fired Over Failed Drug Test  In Medical Marijuana v. Horn, the […]

Employer Ignores OSHA Citations, Faces $328K Penalty

Word to the wise: When OSHA comes knocking, take the visit seriously the first time around. Otherwise, the penalties can really pile up, as a boat manufacturer in Florida recently learned the hard way. Here’s what happened. Workplace Safety and Health Violations In July 2023, an OSHA investigation determined Blacktip Boatworks LLC jeopardized the safety […]

EEOC Targets Pregnancy Discrimination: What HR Should Know

Heads up, HR: The EEOC has recently taken several employers to task for alleged pregnancy discrimination in violation of the Pregnant Workers Fairness Act (PWFA). In early September, the agency filed its first-ever PWFA lawsuit and negotiated its first successful conciliation agreement to resolve a PWFA charge, recovering more than $47,000 for the affected employee. […]

OSHA’s Top 10 Safety Violations in FY 2024

The Occupational Safety and Health Administration (OSHA) announced its Top 10 frequently cited workplace safety violations in FY 2024, according to a National Safety Council press release. For the 14th straight year, Fall Protection-General Requirements tops the list of OSHA’s most frequently cited workplace safety violations.  And the associated costs don’t stop at OSHA fines. […]

New State Law Orders Workplace Safety Measures in Retail

Addressing workplace safety concerns, Gov. Kathy Hochul has signed the “Retail Worker Safety Act,” which requires retail employers in New York to develop and implement training programs and policies to help prevent workplace violence. The new legislation applies to employers with at least 10 employees working in a retail store that “sells consumer commodities.” Importantly, […]

Employee Scores Monster Verdict in Bias Suit

A federal jury in Washington state has returned a $237.6 million verdict in favor of a Black employee who filed a racial bias suit. The verdict, which is subject to appeal, includes $198 million in punitive damages. Tahvio Gratton began working as a package car cover driver at a Seattle UPS location in 2016. In […]

Bonuses, OT and Taxes: Keys to Getting It Right

When it comes to paying employees bonuses, some tricky questions come up. What are the tax consequences of the bonus? How does the payment of a bonus affect overtime calculations? What if the bonus was discretionary? This is a many-tentacled question, and we won’t explore every nook and cranny. But here is some general guidance […]

Illegal Interview Questions You Should Never Ask Job Applicants

Every HR pro knows how important it is to avoid illegal interview questions. After all, no one wants to be known as that person who got their company involved in a legal mess. And while some illegal interview questions are pretty easy to spot, others might not immediately jump out at you as ones to […]

OSHA Backs Driver Who Reported Safety Issues

A truck driver was illegally fired for reporting legitimate safety issues, the Department of Labor (DOL) has determined. OSHA has ordered the employer to pay back wages with interest as well as compensatory and punitive damages. The agency’s federal whistleblower investigation targeted W-L Construction & Paving Inc., which is a subsidiary of CRH — which in […]

OSHA: Animal Food Plant Faces $166K Fine for 24 Violations

OSHA inspectors have determined an animal food producer in Wisconsin exposed employees to combustible dust hazards and cited the employer for a total of two dozen health and safety violations. Here’s what prompted OSHA to propose more than $160,000 in penalties. Combustible Dust Hazards Found, OSHA Says A family-owned business for six generations, Strauss Feeds […]

How to Grant an FMLA Leave Request – and Still Be in Big Trouble

A federal appeals court has ruled that an employer can violate the FMLA even without denying an employee’s request for FMLA leave. How is this possible, you ask? Let’s take a look at what happened in a recent case, which demonstrates the scope of protection the FMLA provides for covered employees. FMLA Leave Spat Develops […]

Employee Fired Over Safety Concerns – and Court Is Not Happy

A federal court in New York decided that an employer illegally fired an employee for reporting safety concerns relating to the COVID-19 virus. The employer in this case was an ophthalmologist who fired an employee after she complained about a lack of workplace protocols relating to the virus. Dr. David Kwiat, who operates Kwiat Eye […]

3 Things Managers Can’t Say to Employees Who Request FMLA

As an HR professional, you know that when employees request FMLA leave, those conversations need to be handled carefully. You have to stick to the facts about what the workers need and why. The problem is, some managers may not realize that — and their stray comments could come back to bite you in court.  […]

New Tool Shares Info on Workplace Injuries: 8 Data Points

If you haven’t heard, the feds just released a new online tool that allows users to search its database and view trends on workplace injuries occurring in states covered by federal OSHA. At first glance, this might sound like a niche tool designed exclusively for safety professionals to, among other things, help them spot potential […]

‘I Just Need 1 Hour’: Employer Denies Small Ask, Pays Big

A federal appeals court upheld a jury verdict against an employer that denied an employee permission to move her start time back by one hour to accommodate her disability. A jury determined that the employer denied the employee a reasonable accommodation that she was entitled to receive under the Americans with Disabilities Act (ADA). The […]