As the gig economy continues to grow and organizations seek to build their talent by hiring an independent contractor workforce (freelancers, 1099 workers, gig workers), understanding what’s required of an organization using independent contractors is critical. For HR teams, this…
FMLA obligations don’t kick in unless an employer qualifies as a “covered employer” under the statute. Sometimes, determining whether an employer is covered can get a little tricky. The questions abound: How many employees must be retained? For how long?…
In recent months, companies have faced an increasing number of lawsuits that stemmed from opposing political views, from face masks and company dress codes to "woke" training and anti-bias initiatives. In this case, the company juggled Title VII rights involving…
A newly filed lawsuit says a New Jersey nursing home's job termination of a longtime worker violated the Americans with Disabilities Act (ADA). The employee's lifting restriction did not prevent her from doing her job, the suit alleges, and the…
What should an employer do if an employee says anti-bias training clashes with their religious beliefs? A new federal appeals court ruling backed an employer’s decision to terminate an employee who presented that objection and refused to attend the training.…
An HR director received a six-figure settlement to settle her age discrimination claim. Here's what happened: An overseas company hired a new president to run a location in the state of Georgia. Things quickly turned problematic, the HR director said,…
A recent settlement secured by the U.S. Department of Justice (DOJ) provides a basic lesson on how not to respond to requests for religious accommodation. The case involved Sylvia Coleman, who worked as a detention officer for the Lansing police…
Selecting a job candidate who is much younger than others can raise the specter of age bias – but employers are not handcuffed from doing so. They should, however, be prepared to show that the decision was based on a…
The Eighth Circuit revived a First Amendment retaliation claim filed by a police officer who said he was forced to resign over a video that criticized the Black Lives Matter (BLM) movement. The city’s police department created a group text…
Building on a growing trend, a new NLRB ruling restricts the ability of employers to include confidentiality and non-disparagement clauses in severance agreements for non-supervisory employees. The board’s ruling in McLaren Macomb, 372 NLRB No. 58, reverses two Trump-era NLRB…
What does it mean to be paid on a salary basis – and why is that such an important question? The answer: because it is crucial to determining whether an employee is entitled to overtime pay. In a new decision,…
Anyone can sue for discrimination. But winning? That’s another thing. Here’s an example of how to properly defend a claim of unlawful race bias. Duncan Giles, who is African American, was a train conductor for Amtrak. His supervisor was trainmaster…
The U.S. Department of Labor (DOL) continues its crackdown on FLSA violations. Last week, we told you about million-dollar payouts for wage violations. This week, it’s child labor law violations. The latest proof: Four companies recently paid civil penalties, ranging…
Breaks, the Family and Medical Leave Act (FMLA) and nursing moms -- new guidance from the federal Department of Labor (DOL) helps employers make sure they are applying the rules correctly to teleworkers. In a Field Assistance Bulletin, the DOL…
The U.S. Department of Labor (DOL) is serious about enforcing federal labor laws, as shown by three recent cases that resulted in million-dollar payouts by alleged offenders. The DOL’s Wage and Hour Division is responsible for enforcing federal Fair Labor…
The McDonald Oil Company agreed to pay $400,000 to settle a sexual harassment lawsuit, the EEOC announced in a press release. According to the EEOC’s lawsuit, the Georgia-based company “ignored frequent complaints from multiple female employees and customers about ongoing…
HRMorning, part of the Rover Insights Network, 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.
