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Employment Law

733 items

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 job applicants to disclose their family medical histories as part of the hiring process. The […]

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 of HRMorning‘s podcast, “Voices of HR,” employment attorney Katherin Nukk-Freeman offered helpful insights 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 marijuana away from work – and prohibit them from even asking applicants about prior cannabis […]

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 documents covered employers must provide to their employees regarding their health plans. The precise requirements […]

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 the seemingly simple questions can sometimes get tricky – as a recent decision from a […]

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 job accommodations. Among those named are: The bulk of potentially required accommodations involve changes to […]

5 lawsuits in 5 days: EEOC goes on warpath with new ADA filings

An onslaught of new lawsuits filed by the EEOC near the end of September demonstrates the wide scope of protection afforded to applicants and employees with disabilities under the Americans with Disabilities Act (ADA). In five federal lawsuits filed within a span of just five days, the agency in combination has asserted a variety of […]

Company documentation under a microscope: Fired employee’s lawsuit says form proved racial bias

For HR pros, it’s a long-standing principle that company documentation can make or break an employer in court. On one hand, solid documentation can protect employers from potential legal trouble. But on the other hand, paperwork mistakes (like these common documentation errors) often cause legal headaches. Either way, your company documentation is likely to become […]

Manager misconduct? Chipotle pays $400K after allegedly ignoring sexual harassment complaints

Chipotle has agreed to pay $400,000 to settle a sexual harassment lawsuit stemming from alleged manager misconduct, the Equal Opportunity Employment Commission (EEOC) announced. According to the EEOC’s lawsuit, a Chipotle located in Sammamish, Washington, permitted three crew members – one was a 17-year-old minor – to be sexually harassed by a 29-year-old service manager. […]

Employer gets dragged into court – literally – after defying orders

What’s the worst-case scenario for an employer that refuses to provide court-ordered relief to a mistreated employee? How about getting taken into custody by U.S. Marshals? Does it happen a lot? No. But is it possible? Yes, as two corporate officials for a Wisconsin employer learned firsthand on September 12. Dragged into court: Case background […]

Heads up: Here’s yet another important new Title VII ruling

A federal appeals court in New York has issued an important — and pro-employee — new ruling on the scope of protection afforded to applicants and employees by Title VII. The decision comes on the heels of another significant employee-friendly Title VII federal appeals court ruling issued by the full Fifth Circuit last month. Though […]