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Employment Law

Worker Fired After Filing OSHA Complaint: Company Pays $753K

Here’s a cautionary tale showing how expensive retaliating against employees can be. An employer in Rhode Island threatened and then fired an employee who filed an OSHA complaint. This prompted the DOL to open two investigations and file a lawsuit,…

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EEOC Lawsuit Ends With Settlement

Out-of-State Hiring Compliance: How to Avoid Tax and Registration Pitfalls

Out-of-state hiring compliance lets you tap into new talent but comes with complex rules HR must follow. Mistakes on taxes or registrations can quickly become costly. If your team isn’t prepared, the risks grow fast. Here’s what you need to…

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spotlight on compliance

Wait, That’s Age Discrimination? Why Yes, Yes It Is

Unlawful age discrimination can take many different forms – including policies that don’t flat-out say they discriminate based on age but have the clear effect of doing so. Here’s a case in point: A school district in Illinois was found…

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Policy on raises was age discrimination

Transgender Worker Wins Health Care Fight – But Is Not Done Yet

The Eleventh Circuit affirmed a lower court’s ruling that an employer cannot exclude gender-affirming coverage for a transgender plan participant under its employee health insurance plan. But the full court then decided to rehear the matter. Transgender employee comes out…

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FMLA Leave: Court Says This Was Not a Valid Leave Request

With respect to FMLA leave, sometimes a question comes up as to whether leave was properly requested. That's where the duck test can come in.  If it walks like a duck, quacks like a duck and looks like a duck,…

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Accommodating the Claustrophobic Employee: Jury Issues $15K Verdict

A jury ruled in favor of a claustrophobic employee who said his employer unlawfully neglected to reasonably accommodate his condition when it put him in an office with no window. Robert Turco was a senior project manager for Zambelli Fireworks,…

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jury sides with employee

Fired for Getting Hurt? Court Orders Employer to Pay $141K

Getting hurt shouldn't cost you your job. A federal district court in Oregon has ruled that the U.S. Postal Service should pay more than $141,000 to a probationary employee who was terminated shortly after she reported a workplace injury. The…

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osha

Drug Test Reveals Opioids: Should Company Rescind Job Offer?

Picture this: You’ve gone through the interview process and finally found the perfect candidate for a safety-sensitive position – or so you thought. But then his pre-employment drug test revealed the use of opioids. What’s your best move? If you’re…

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Lawsuit leads to settlement

Was Employee’s Nap Protected Under FMLA?

As you well know, the Family and Medical Leave Act (FMLA) is a constant challenge for HR, requiring you to balance compliance obligations with the needs of both the company and employees who take leave. One of the most common…

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EEOC Under Fire: States Sue to Block New Harassment Guidance

As we predicted here a short time ago, newly released EEOC guidance on workplace harassment is facing a courtroom challenge that says some parts of the guidance are not valid. Led by Tennessee, 18 states have sued the EEOC, calling…

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EEOC GUIDANCE UNDER FIRE

Questionable FMLA Certification? 5 Ways to Fix the Problem

Pop quiz: Do you know what to do with incomplete or unclear Family and Medical Leave Act (FMLA) certifications? Most HR pros agree that FMLA certifications are one of the biggest challenges of the job. Here’s a quick refresher on…

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Shooting Leads to Workers’ Compensation Dispute: Court Says …

An employee who was denied workers’ compensation benefits after being shot by a co-worker can proceed with a tort claim against his employer, a state appeals court in Florida has ruled. This case involves Giovanni Bastien, who worked at a…

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Shooting Leads to Workers' Compensation Fight: Court Says

OSHA: Employer Failed to Protect Nurse Killed By Patient

A national home health agency failed to provide adequate safeguards to protect a licensed practical nurse who was killed by a patient during a home visit, an OSHA investigation determined. OSHA cited the company for one willful violation under its…

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Employment Law

Manager Asked What!? Interview Mistake Prompts $30K Payout

As an HR pro, you know what NOT to ask during job interviews. But how confident are you in your hiring managers? Have they been given guidelines on how to avoid asking illegal interview questions? And have they also received…

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the right interview questions?

Not Again! OSHA Seeks $262K After Worker Is Badly Hurt

OSHA has proposed that a Wisconsin baking facility operator pay nearly $263,000 in penalties following its investigation into an injury suffered by an employee at the plant. The investigation marked the second time since 2019 that the federal safety watchdog…

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Employment Law

9 Potential Changes to Workers’ Comp Laws That Might Surprise HR

Revisions to workers' comp laws could take effect this year and next, promising a more equitable and responsive system for injured employees. These reforms prioritize swift access to medical care and fair compensation for injuries. The forthcoming changes also address…

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workers' comp update
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