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Employment Law

She claims race bias, but others say she’s the problem: Now what?

HR pros are put in a tough spot when an investigation shows that an employee who alleges race bias or other mistreatment might actually be the problem. On the one hand, discipline might be warranted if the investigation points a…

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Race bias charge puts employer in tough spot

Workers fired after union organizing: Cannabis dispensary to pay $145K

Earlier this year, we predicted that litigation focusing on labor and management relations would be an evolving area of employment law to watch in 2023.   And the National Labor Relations Board (NLRB) has not disappointed.   From targeting overbroad non-compete…

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Company faced accusations of suppressing union organizing

Fired by text – what a $400K termination mistake looks like

As an HR pro, you’ve probably accepted that letting employees go is tough – but it’s part of the job. And you’ve likely figured out strategies for handling termination meetings.   But what if a supervisor goes rogue – and…

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Workers collect six-figure payout after being fired over text

Huge holiday rush doesn’t excuse legal obligations under Title VII: Employer pays $25K

A recently shuttered restaurant has agreed to pay $25,000 and provide other relief to settle a Title VII lawsuit filed on behalf of an employee who was ordered to work during the holiday rush -- despite having a religious accommodation…

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No holiday respite from Title VII compliance

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
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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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