As an HR professional, you know that words matter – a lot. And you’re probably mindful of how you speak about employees and applicants to avoid making a questionable comment. That’s important because the wrong words can make employees feel…
Employment Law
When it comes to accommodation of employee disabilities, you would think employers would learn from others’ mistakes. But it just doesn’t always happen. Here’s a case in point: A North Carolina employer has agreed to pay $42,000 and provide other…
Remember the Georgia employer who dumped 500 pounds of oily pennies on the driveway of a former employee who complained to the DOL after he didn't receive his final paycheck? Did that amount to FLSA retaliation? As you might've guessed,…
Is it possible for music played at work to constitute discrimination based on sex? Yes, the U.S. Court of Appeals for the Ninth Circuit has ruled in a new decision. Music that has “sexually derogatory and violent content, played constantly…
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,”…
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 unpublished 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 for…
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…
