A federal court in Texas addressed safety training claims raised by a Home Depot worker who was injured while using a ladder to retrieve a bag of firewood. Notably, the court rejected a claim that the store did not provide proper training or safety instruction on how to complete the task. Here’s what happened. Ice […]
The use of recreational and medical marijuana is an evolving area of employment law, which can make things a bit tricky for employers trying to maintain safe working conditions. In light of the rapidly changing laws, a lot of folks in HR are probably wondering: Can we fire an employee who is impaired at work? […]
When an ADA accommodation claim is based on the denial of a request to be excused from performing a specific job function, there’s one defense that works best. The ideal response for the employer: Excusing performance of the job function at issue is not required because the function is essential to the job. Of course, […]
As an HR pro, you know the importance of remaining professional while interviewing an internal candidate. That includes both avoiding certain topics and asking the right questions. But at some point in your career, you might’ve sat in on an interview where a hiring manager felt a little too at ease with a familiar person […]
In one of the latest woke training lawsuits, a Colorado employee claimed his employer’s mandatory DEI training created a hostile work environment. When the case reached the Tenth Circuit, the appeals court affirmed a ruling in the employer’s favor. Even so, the court’s decision contained a stark warning for employers: In some cases, DEI training […]
AI is a tremendously powerful – and potentially helpful – tool for HR pros. But as an ongoing court case in Massachusetts shows, it comes with dangers that are sometimes hard to detect – and can land employers in court defending claims of a legal violation. This case was filed by Brendan Baker, who applied […]
This case involves a tragedy that may – or may not – have been avoidable. Either way, it wasn’t a good look for the company, and it shows how crucial it is to provide regular training to managers. Pregnant worker started spotting at work This case involves Walgreens Co., a national pharmacy and retailer, and […]
A pair of rulings from two different federal district court judges in Texas have rejected federal regulation regarding the federal Pregnant Workers Fairness Act (PWFA) and a new National Labor Relations Board (NLRB) rule regarding the meaning of “joint employer.” The rulings further cement the state’s status as a relatively friendly environment for those wishing […]
A Florida law that targets “wokeness” violates the free speech rights of employers, a federal appeals court has ruled. The U.S. Court of Appeals for the Eleventh Circuit backed a lower court’s decision to block the law’s enforcement. At issue in the case is a Florida law named the Individual Freedom Act, dubbed by some […]
Proving unlawful race bias can be an uphill battle for employees. HR professionals can learn a lot from court decisions that say an employee’s supposed evidence of race bias fell short – or really didn’t show race bias at all. A decision from a federal appeals court demonstrates the point. This case was filed by […]
The U.S. Department of Labor (DOL) has filed a complaint against a Tennessee farm and its HR manager. The alleged problem: FLSA retaliation. And as a trigger warning, some of the allegations are repulsive – definitely not your typical workplace dispute. Here’s what happened, according to the feds’ investigation, between Tosh Pork LLC, its HR […]
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 – rarely works out, as several companies have learned the hard way in recent months. […]
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 of 1964 (Title VII) and the Americans with Disabilities Act (ADA). Here’s what happened, according […]
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 the symptoms of an employee’s Tourette Syndrome essentially disqualified him from his job as a […]
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. and Leslie Elizabeth Dudley for multiple violations. Second on-the-job fatality in three years According to […]
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 and be the voice of reason – before that frustrated manager reacts in a way […]
