When employers have to make the difficult decision to fire employees, they need to make sure that they do not act in an unlawful manner -- they need to avoid wrongful termination. Generally, employment in the U.S. is “at will,”…
Employment Law
When employers decide to part ways with employees, they often choose the route of offering up a severance agreement. A severance agreement is a contract that provides departing employees with extra benefits (such as a lump sum monetary payment), typically…
The move toward a federal ban on non-compete agreements inched forward with the issuance of a new government memo that says the use of these agreements usually violates the National Labor Relations Act (NLRA). Jennifer Abruzzo, who is general counsel…
Expressing a hiring preference for a particular gender can be a very dangerous thing for employers to do. Why? Because there is a good chance it will lead to a claim of unlawful discrimination – and that the claim will…
A new NLRB decision means employers must proceed very carefully before disciplining employees who get a little heated while engaging in union activity. The National Labor Relations Act (NLRA) gives employees the right to form labor organizations and “to engage…
A recent lawsuit provides a case study on what NOT to do when handling employee complaints. How bad was it? A jury awarded an eight-figure payout to a fired worker. To avoid similar mistakes, download our Practical Tools guide on…
Heads up, HR: The Department of Labor (DOL) just released new PUMP Act guidance to help employers comply with the law. As you probably recall, the agency just started PUMP Act enforcement last month -- so the timing of this…
Saying it is the “capstone” of its resources on the subject, the EEOC has issued another update to its COVID-19 guidance. Demonstrating the fluidity of the situation presented by the pandemic, the agency has now updated this guidance about 20…
A longtime meatpacking plant worker who was terminated after sending a profane text to his plant manager was unable to convince Iowa’s highest court that the real reason for his discharge was unlawful age bias. For a long period of…
What’s solid evidence of race bias, and what’s not? In this lawsuit, a Black worker claimed that the use of the nickname “Sly,” together with other allegations he offered, showed illegal race bias in the workplace. A federal appeals court…
An important new court ruling says that “employers may not circumvent Title VII protections by ‘fractioning’ an employee's job.” Huh? Let’s explain what the court meant by job “fractioning” in the context of the case – and why it’s important…
A national company will pay more than $67,000 after making a paternity leave mistake that looked a lot like retaliation to the DOL’s Wage and Hour Division (WHD). First things first: Under the Family and Medical Leave Act (FMLA), both…
A new EEOC lawsuit is taking aim at a Michigan hospital that allegedly violated federal law by denying a job applicant’s request to be excused from a generally applicable flu shot requirement. The suit targets Mercy Health St. Mary’s, which…
An employer in Pennsylvania will pay more than $384,000 in back wages and civil penalties to resolve H-2B violations. As an FYI, the federal H-2B visa program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in…
Employers have a legal duty to accommodate the religious beliefs of their employees. But they also have a responsibility to protect all their employees from harassment – not to mention a legitimate interest in keeping their business running smoothly. These…
“The law requires companies to make hiring decisions based on an applicant’s qualifications, not gender stereotypes,” said EEOC Chair Charlotte A. Burrows in a recent press release announcing a seven-figure settlement for an undetermined group of women. Here's what happened…
