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Employment Law

Free the beard: EEOC targets religious discrimination based on facial hair

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…

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What HR needs to know about beards and religious accommodation

New IRS guidance on PLESAs under SECURE 2.0

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…

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New IRS anti-abuse PLESA guidance

What is ‘disparate impact’ – and why do you need to know?

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…

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Disparate impact claims under Title VII

DOL issues new guidance on PLESAs: What HR needs to know

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…

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New federal guidance for SECURE Act 2.0

Transgender harassment: Alarming allegations lead to big payout

A restaurant will pay $25,000 and take other steps to end a suit that accused it of unlawfully allowing one of its employees to endure transgender harassment. The EEOC pursued the litigation on behalf of Quinn Gambino, a transgender man…

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Flu vaccine misstep costs employer $50K

A Michigan hospital has agreed to pay $50,000 and furnish other relief to settle a lawsuit that accused it of pulling a job offer because the applicant sought a religious exemption to its flu vaccine requirement. The suit, filed by…

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Employee did not want flu vaccine

Costly FLSA ‘hot goods’ lesson: Company pays $1.1M for contractors’ illegal wage practices

Beyond Yoga recently paid more than $1.1 million to cover back wages and damages owed to its contractors’ employees who were allegedly shortchanged on overtime pay. You might be wondering: Why in the world would any company shoulder a seven-figure…

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Walmart on the hook for $60K in sex stereotyping case

Walmart has agreed to pay $60,000 and take other steps to resolve charges that it violated federal law by denying a promotion to an employee because she had young children at home. The suit was filed by the EEOC on…

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HRM/Walmart on the hook for $60K in sex stereotyping case/Walmart settles EEOC lawsuit

ERISA lawsuit: Feds sue HR director, now-defunct company over missing 401(k) funds  

As an HR pro, you’ve probably heard about the significant responsibilities that come with acting as fiduciary for a benefits plan.   According to the DOL, fiduciaries must:   Run the plan solely in the interest of participants and beneficiaries…

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HR pro faces ERISA lawsuit

Unemployment benefits: Should this problem employee get them?

One of the reasons an application for unemployment benefits can be denied is that the employee engaged in job-related misconduct. But what exactly constitutes “misconduct” that is severe enough to result in disqualification? In a recent case, Idaho’s highest court…

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Employee fights for unemployment benefits

Fired over a mental health stereotype? What a $100K ADA mistake looks like

As you may have heard, focusing on employees’ mental health and well-being is expected to be one of the biggest workforce trends in 2024. That’s good advice because getting tripped up by mental health stereotypes can be an expensive mistake.…

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Employee sought mental health treatment

7 bonus tips you absolutely need when dealing with job accommodation requests

What’s a valid accommodation request under the ADA or similar law? This case shows that the answer might not be as simple as you think. In the case, an employee’s lawyer sent a letter to his employer titled “Accommodations Requests.”…

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SECURE Act 2.0: What HR needs to know

On January 1st, provisions to the SECURE Act 2.0, part of the 2023 omnibus spending bill, went into effect – and it may affect your benefits package.  The SECURE Act 2.0 – which is built off the Setting Every Community…

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What HR needs to know about SECURE Act 2.0

She claimed retaliation, but she was missing this 1 simple thing

To prove unlawful retaliation, three critical requirements must be met. And when any one of them is missing, the retaliation claim cannot succeed. First, the employee must have engaged in what is called protected activity. Second, they must show their…

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Anything indicating retaliation -- can show something indicating job termination

Preventing expensive harassment and bias complaints using a skills-based approach

In today's increasingly diverse workplaces, avoiding harassment and bias is more important than ever. Former employment lawyer Janine Yancey, the founder and CEO of Emtrain, a company that provides training and resources on harassment and bias prevention, issued this warning…

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Expert: Workplace inclusion and respect can be measured and developed

Can a thumbs-up emoji prove retaliation? Court says …

Terminating employees is never easy, but it’s part of the job for HR. It’s helpful to follow a termination checklist to avoid communication mistakes that can cause legal headaches. Case in point: A manager in Missouri sent a text suggesting…

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emoji exchange becomes focal point of lawsuit
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HRMorning provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

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