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 decided that a receptionist was not entitled to benefits because she repeatedly refused to meet […]
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. Case in point: In 2019, a general manager who worked at the Holiday Inn Express […]
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.” Seems clear that signaled a valid request for accommodation, right? Wrong. The trial court decided […]
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 Up for Retirement Enhancement (SECURE) Act of 2019 – is designed to enhance retirement-readiness with […]
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 employer took what is known as an adverse action against them. And third, they need […]
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 to employers: “Younger workers are very comfortable shining a light of accountability on actions that […]
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 a “new plan” one day after an employee raised concerns about age bias. A company […]
Regardless of how companies or managers may feel about the topic, cannabis (including recreational and medical marijuana, and any product containing THC) is becoming ubiquitous – and is approaching a $30 billion per year industry. Marijuana is “legal” for adults in 24 states and Washington, D.C. — and medical marijuana is legal in 38 states […]
Administering leave in cases involving disability is one of the more challenging issues that HR pros face. And when employees go on leave without giving their employer a clue as to when they will be back, things become particularly difficult. The good news: While the law generally obligates employers to grant leave as an accommodation, […]
Is mandatory retirement ever allowed? Or does it always violate laws banning age discrimination? The short answer: Federal law generally bans such policies, but in very limited circumstances they are permissible. Bottom line: Think long and hard before implementing such a policy – because chances are it’s illegal. A medical group in San Diego now […]
Earlier this year, we told you that income-related equality was going to be one of the top employment law issues of 2023. Now, as the year winds to a close, a new eight-figure equal pay settlement shows just how expensive paycheck-related gender bias can be. State agency sues video game company According to a lawsuit […]
When it comes to laws that require HR pros to put on their thinking caps and really think things through, the federal Family and Medical Leave Act is near the top of the list. From eligibility issues to how to calculate leave to pay-related questions, the issues that can come up really run the gamut. […]
As a busy HR professional, you know that compliance is more than a buzzword – it’s a necessity. That’s why we’ve developed a new resource for our readers. Enter the HR Compliance Calendar – your secret weapon for staying ahead of the curve. Here’s how it can help your HR department do more in 2024. […]
When do employers’ ADA obligations kick in? Do compliance requirements start as soon as employees get to work? Or do they begin during the commute — before workers even arrive at the job site? A newly filed lawsuit puts the question to the test. According to the Equal Opportunity Employment Commission (EEOC), a Michigan employer […]
Since its establishment on July 2, 1965, the Equal Employment Opportunity Commission (EEOC) has been committed to its mission of eradicating workplace discrimination, both on an individual and systemic level. However, the EEOC’s recently unveiled 2022-2026 strategic plan highlights a significant shift in focus. Under the new EEOC plan, systemic claims will now be given […]
A recent court decision out of California highlights just how important it is for employers to fully grasp the tech tools they use at work. Case in point: A company’s CEO didn’t understand the ins and outs of e-signatures, which turned out to be an expensive seven-figure mistake. Agreements include profit-sharing bonuses Two C-suite employees […]
