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Employment Law

There’s no law against being a jerk: Check out this new court ruling

There’s a big difference between mistreating an employee and mistreating an employee for a reason that the law prohibits. In other words, there’s no law against just being a jerk. In a perfect world, there would be no mistreatment at…

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Title VII doesn't ban all bad behavior

‘Toothless old man’ — Supervisor’s careless words lead to age discrimination lawsuit

A federal court in Ohio granted an asphalt company’s motion for summary judgment on an employee’s age discrimination claims. Here's why the employer was able to nip this case in the bud. From 2014 until 2021, Rick Bowersmith worked at…

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Fired employee files age discrimination claim

Here’s why this claim of sex-based pay discrimination fell short

One way to prove unlawful sex-based pay discrimination is to show that an employee of a different sex does a similar job but gets paid more. But to win in this way, the plaintiff must show that the other employee…

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Pay discrimination claim falls short

Meal break time: Are you making this (potentially huge) mistake?

A security services provider will pay more than $1.1 million following a DOL investigation that found it wrongfully deducted meal break time for hundreds of employees. The DOL’s Wage and Hour Division investigated Universal Protection Service LP, which does business…

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Meal break time deductions cost employer $1.1 million

Under-the-radar risk costs employer $1 million

Sometimes, the hidden risk poses the greatest danger. Dolgencorp, LLC, which does business as Dollar General, has agreed to pay $1 million and take other steps to settle an EEOC lawsuit that accused it of violating federal law by requiring…

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Are you aware of this risk?

Minimizing legal risks while advancing key workforce initiatives: A delicate balance for HR

Keeping workers engaged and purpose-driven is an important part of HR's job, but so is avoiding legal risks related to the Fair Labor Standards Act, Family and Medical Leave Act (FMLA), Equal Employment Opportunity Act and more. In an episode…

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Minimizing legal risks while advancing key workforce initiatives: A delicate balance for HR

Living the high life: State expands protections for marijuana users

Beginning at the start of next year, a pair of California state law amendments will increase the employment law rights of marijuana users in the state. In combination, the amendments generally bar employers from discriminating based on the use of…

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New protections for marijuana users

ERISA Plan Docs: Are You Doing What the Law Requires?

Among the more head-spinning laws HR has to grapple with, the Employment Retirement Income Security Act (ERISA) ranks near the top of the list. ERISA, which sets federal rules for health and retirement plans, lays out specific requirements about what…

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ERISA sets plan document rule

He didn’t record his OT: Does he get paid for it?

You might think you know all the ins and outs of when time worked by employees -- including OT -- must be paid. After all, it sounds like a pretty simple question, right? But as savvy HR pros know, even…

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Do you know this rule about OT?

Fired employees file whistleblower complaints: Doggie daycare pays $50K in damages

  In Idaho, a doggie daycare facility and its former owner will pay $50,000 in general and punitive damages to resolve two former employees’ whistleblower complaints, the DOL announced in a press release.   Two employees filed whistleblower complaints with…

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OSHA investigates whistleblower complaints

Do you know this accommodation rule? It just cost this employer $158K

Under the ADA, a broad variety of accommodations may need to be provided to applicants and employees with disabilities. Both the statute and implementing regulations demonstrate this breadth by providing specific examples of changes that may be required as reasonable…

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Accommodation miscue proves expensive

Fired over a tampon: Jury awards woman $85K — then court tacks on an additional $258K

Even if a six-figure payout doesn’t make you cringe, the details of this lawsuit probably will. A woman in Virginia was fired for "suspicion of contraband" because she wore a tampon at work. Here’s the rest of the story: Body…

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Court: Use of tampon is impossible to detangle from sex

5 lawsuits in 5 days: EEOC goes on warpath with new ADA filings

An onslaught of new lawsuits filed by the EEOC near the end of September demonstrates the wide scope of protection afforded to applicants and employees with disabilities under the Americans with Disabilities Act (ADA). In five federal lawsuits filed within…

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Company documentation under a microscope: Fired employee’s lawsuit says form proved racial bias

For HR pros, it’s a long-standing principle that company documentation can make or break an employer in court. On one hand, solid documentation can protect employers from potential legal trouble. But on the other hand, paperwork mistakes (like these common…

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Company documentation in the spotlight

Does workers’ comp cover that company event injury? 5 big keys for employers

So you’ve decided to organize a fun activity for employees to participate in. Maybe you’ll set up a cornhole tournament or friendly softball game. Everyone can have a little fun and go home happy. What could possibly go wrong? The…

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When does workers' comp kick in?

New RTO lawsuit: Company cut bonus in half because employee worked from home

As the RTO wars continue, employers are pushing hard to get workers back into their cubicles, with some going so far as to “incentivize” office time with punitive consequences for noncompliance. But as this RTO lawsuit shows, some employers may…

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RTO lawsuit alleges company went too far
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HRMorning, part of the Rover Insights Network, 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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