A new NLRB ruling says an employee was improperly fired for asking “the most basic of employee questions.” The question, in essence: Where’s my paycheck? This story is about Carlos Martinez, who worked as a security officer for a company…
Employment Law
When you hear "FLSA lawsuits," you probably think about wage-and-hour disputes and overtime violations. But we've spotted an interesting trend in FLSA lawsuits filed this summer. Here's what HR needs to know: Customer service reps at three big-name companies have…
One way to win an ADA lawsuit is to show that the applicant or employee is not able to perform the job’s essential functions. To do this, employers have to know what it takes to show that a particular function…
The EEOC and iTutorGroup, Inc. have reached an agreement to resolve the first AI discrimination lawsuit. The EEOC’s complaint alleged the company’s hiring software automatically rejected older applicants in violation of the Age Discrimination in Employment Act (ADEA). Specifically, the…
When it comes to religious expression at work, just how far can a company go before crossing a line? For example, earlier this summer, a California company brought in a priest to hear "confessions" of workers who cooperated with a…
A new employee-friendly ruling from the NLRB means it is time for employers to reevaluate their employee handbooks in light of a new test for determining whether workplace rules violate employee rights. Under the new test, a work rule that…
Does an employer’s ADA accommodation duty extend so far as to require it to change an employee’s job schedule to help with their commute to work? A new federal court decision says the answer is “maybe.” And while that’s a…
Using arbitration agreements instead of going to court can provide big benefits for employers. Arbitration is generally faster and cheaper than litigation, and it can make it easier to avoid bad press -- not to mention the unpredictability of a…
Does obesity count as a disability protected under the law? That's the question a Connecticut court recently faced. An employee sued his employer alleging he was discriminated against because he was "perceived as" being disabled due to his weight. Here's…
A new federal appeals court ruling highlights an important rule about disability-related job accommodation under the ADA. The rule: An employee is not entitled to their accommodation of choice, even if it is effective. Instead, an employer meets its job…
Scoring a significant preliminary victory, an out-of-state remote employee who lives and works in New Hampshire will be allowed to pursue pay discrimination claims based on the law of New Jersey, where the company is headquartered. Here’s what happened: In…
A mid-July letter signed by the attorneys general of 13 states warns Fortune 100 CEOs that they “will face serious legal consequences” if they take their DEI efforts too far by discriminating based on race. This is not some farfetched…
Hollywood's latest drama – a simultaneous strike by screenwriters and actors – hasn't been seen since 1960, before most of today's workforce was even born. As you’ve probably heard, the Writers Guild of America (WGA) went on strike in early…
Word to the wise: Never try to duck out of obligations outlined in a consent decree. You won’t be able to hide for long. That’s a lesson recently learned the hard way by a Baltimore company and its owner, Bryan…
Just days after announcing a $50,000 settlement to resolve a sexual harassment claim involving a customer, the EEOC issued another reminder that the agency is cracking down on third-party sexual harassment. This time, the agency took aim at a union…
Heads up, Colorado employers: The Protecting Opportunities and Workers’ Rights (POWR) Act, which significantly expands workplace protections for employees, takes effect on Aug. 7. The new law amends the Colorado Anti-Discrimination Act (CADA) by, among other things, making marital status…
