Another company has tried to dodge obligations outlined in a consent decree, according to a new lawsuit filed by the U.S. Department of Labor (DOL). The issue: an ignored FLSA settlement agreement. But that strategy – ignoring a court order…
Employment Law
A bakery in New Orleans illegally fired a pregnant employee, the Equal Opportunity Employment Commission (EEOC) claimed in a new pregnancy discrimination lawsuit. The complaint alleged the Louisiana bakery violated two federal laws: Title VII of the Civil Rights Act…
Sometimes, an employee can adequately perform their job despite having a disability. And other times, disability-related limitations make them unqualified for the job. That line can be tricky to draw, but in this case a federal appeals court ruled that…
An Alabama employer’s “willful disregard” for safety led to an employee’s death, according to OSHA. The agency proposed a seven-figure fine, citing MDLG Inc., operating as Phenix Lumber Co., a sawmill in Alabama and its owners, John Menza Dudley Jr.…
At some point in your career as an HR pro, you’ve probably seen a manager who got bent out of shape about an employee’s accusation of discrimination. A new case shows how important it is for HR to step in…
Allegations of disability bias played a prominent role in two separate lawsuits that were filed and recently settled by the Equal Employment Opportunity Commission (EEOC), which is the federal agency that enforces the Americans with Disabilities Act (ADA). The two…
Sometimes, a person of one sex may be paid less than a person of the other sex in the same job for reasons that have nothing to do with gender. That means that such a difference isn’t always proof of…
A New Jersey company was ordered to reinstate an employee who was fired for using the F-bomb and the N-word during a Zoom call. At first glance, the court's decision might seem a bit surprising – but it holds a…
It’s not too often that statutory language provides a pretty clear answer to a question that makes it all the way to the U.S. Supreme Court. But that’s exactly what happened when the High Court delivered an employee-friendly ruling about…
Last fall, the DOL announced that it would increase civil money penalties for child labor violations. And an egregious case out of western Pennsylvania highlights the need to increase protection efforts for underage workers. Sexual assault in restaurant bathroom The…
DEI policies have been under the spotlight – and been more frequently attacked – since a Supreme Court ruling issued last year effectively ended race-based affirmative action in higher education. Although that ruling did not address employment, it nonetheless emboldened…
We know the law sometimes requires employers to provide job accommodation, such as for religious or disability-related reasons. But we also know that somewhere in all the muck is a line that employers don’t have to cross over. In other…
Word to the wise: The Equal Opportunity Employment Commission (EEOC) is cracking down on religious discrimination based on facial hair, as these two recent settlements out of Illinois and Virginia show. Here’s where the two companies went wrong in assessing…
On January 12, the IRS released new guidance for plan sponsors implementing Pension-Linked Emergency Savings Accounts (PLESAs) authorized by SECURE 2.0. PLESAs – which are short-term saving accounts designed to help non-highly compensated employees save for financial emergencies – were…
Many Title VII cases rely on the theory that an employer intentionally discriminated against an employee or applicant. But there’s another viable theory that employees and applicants can raise, and it’s called disparate impact discrimination. Under this theory, even facially…
The Department of Labor (DOL) recently issued new federal guidance on pension-linked emergency savings accounts (PLESAs) that employers should be aware of. PLESAs are a result of one of two provisions of SECURE Act 2.0 that went into effect this…
