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…
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…
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…
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…
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…
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…
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…
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:…
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…
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…
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.
