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Employment Law

Workers’ comp benefits denied: Court explains why employee’s claim was rejected

Alaska’s highest court affirmed the denial of workers’ comp benefits for a school nurse who alleged that she suffered from PTSD after unsuccessful attempts to resuscitate a choking student. In 2014, an elementary school student ran into the school nurse’s…

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‘Woke’ training? Employee demands religious accommodation

Picture this: You make arrangements for new employee training that aligns with your company's diversity, equity and inclusion (DEI) initiatives. But one employee objects to the "woke" training and asks for an exemption on religious grounds. How do you properly…

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Employee objects to training on religious grounds

Need to make a promotion decision? Better read this

Courts understand personal judgment calls play a role in deciding about a promotion. But here’s one key thing to remember: If you’re sued for bias, a court deciding if the candidate has a leg to stand on will likely want…

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Is your offer letter enough to protect your company?

You have found the best candidate for the job you’re filling, and your offer is accepted, but sometimes unpredictable things happen.  For example: What if you need to rescind an offer of employment? What if a candidate starts before their background…

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How to minimize your risk in an offer letter

New guidance: Hearing disabilities and the ADA

A new resource document from the Equal Employment Opportunity Commission (EEOC) provides valuable guidance relating to job applicants and employees with hearing disabilities. The guidance explains how employers can steer clear of Americans with Disabilities Act (ADA) violations and offers…

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‘Paid leave for any reason’ laws pick up steam: Third state joins the list

Gov. J.B. Pritzker signed a law that requires private companies in Illinois to provide workers with paid leave for any reason – with limited exceptions. The passage of the Paid Leave for All Workers Act (PLFAW) makes Illinois the third…

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Growing Trend: Paid Leave For Any Reason

Opioid use and the workplace: How employers can get in trouble

As the opioid epidemic continues to take a grim toll, workplace issues relating to opioid use remain more likely to arise. For HR pros, missteps in handling these issues can result in hefty payouts. Here is a case in point:…

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Accommodation may be required

Get ready: Religious accommodation duty may be expanding soon

The scope of the duty to provide religious accommodation to employees may well expand in 2023. On Jan. 13, the U.S. Supreme Court agreed to hear a case involving a Christian mail carrier who resigned after being told he would…

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Supreme Court Case Looms

Is teacher eligible for unemployment? He was fired for calling students ‘idiots’

Finding a school district failed to prove a fired teacher committed willful misconduct, a Pennsylvania court affirmed a ruling that determined the teacher was not ineligible for unemployment compensation (UC). The school district in this case had an employee code…

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Inadequate training can support race bias claim, court says

Race bias claims can be based on inadequate training, a new ruling from the U.S. Court of Appeals for the Fifth Circuit says. In this case, however, the employee lost his race bias claim because he did not prove his…

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Accommodate disability when hiring: New resource shows how

The duty of employers to accommodate disability under the Americans with Disabilities Act (ADA) doesn’t begin with a new worker’s first day on the job. Instead, it also fully applies during the hiring process. What steps should employers take to…

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Ex-employee seeks rehire, then files breach of contract suit: Court says …

A Georgia appeals court revived a former employee's breach of contract claim against her former employer. Here's why she got a second chance to prove her claim in court. In 1999, Sandra Sigmon was hired as a teacher for the…

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Boss bans employee’s MAGA hat: First Amendment violation?

A teacher who was prohibited from wearing a MAGA hat at training sessions will proceed with a First Amendment lawsuit following a ruling by a federal appeals tribunal. The case highlights a basic but critical distinction between public and private…

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Was Hat Ban Justified?

What a $250K retaliation mistake looks like

Race discrimination is bad enough, but an Oklahoma-based company recently learned the hard way that adding a retaliation mistake on top of that can lead to hefty settlements. American Piping Inspection, Inc. has agreed to pay $250,000 to settle a…

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RetaliationMistakeLeadsToCostlyPayout

FMLA abuse suspected: Is surveillance a good idea?

Employers have a legitimate interest in preventing FMLA abuse. But of the tools at their disposal to fight that fight, is conducting surveillance on employees one they should use? The short answer: Surveillance is perfectly fine as long as there…

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Be Careful Before Making The Leap

New settlement: Work-from-home dispute costs employer $47K

Work-from-home arrangements were always a potential accommodation under the Americans with Disabilities Act (ADA), and they became generally more prominent when the now-lingering pandemic first hit. But despite their proliferation, some employers are continuing to run into trouble when it…

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