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…
Employment Law
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An unpublished court ruling says that “employers may not circumvent Title VII protections by ‘fractioning’ an employee's job.”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…
A new EEOC lawsuit is taking aim at a Michigan hospital that allegedly violated federal law by denying a job applicant’s request to be excused from a generally applicable flu shot requirement. The suit targets Mercy Health St. Mary’s, which…
An employer in Pennsylvania will pay more than $384,000 in back wages and civil penalties to resolve H-2B violations. As an FYI, the federal H-2B visa program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in…
Employers have a legal duty to accommodate the religious beliefs of their employees. But they also have a responsibility to protect all their employees from harassment – not to mention a legitimate interest in keeping their business running smoothly. These…
“The law requires companies to make hiring decisions based on an applicant’s qualifications, not gender stereotypes,” said EEOC Chair Charlotte A. Burrows in a recent press release announcing a seven-figure settlement for an undetermined group of women. Here's what happened…
Maternity leave is an important employee benefit, and many U.S. employers are legally required to provide it. Put simply, maternity leave is time off from work for new mothers. This time off can be paid or unpaid. It is important…
Paternity leave – both paid and unpaid – provides multiple benefits for employers and employees alike. In the U.S., both mothers and fathers have a federal legal right to take leave for the birth of a child and bonding within…
Heads up, HR: The U.S. Department of Labor (DOL) will begin enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) later this month. The good news is, the agency just released two new tools to help…
An Illinois skilled nursing facility's pregnancy policy just cost it $400,000. According to a lawsuit filed by the Equal Employment Opportunity Commission (EEOC), Symphony Deerbrook LLC had a pregnancy policy that required its employees to tell it when they were…
In this case, the EEOC sued on behalf of three Hispanic women who alleged that two C-suite executives in Texas created a hostile work environment. Who was involved: Alden Short and Hinson Jennings, a Dallas-based property management company, and three…
When it comes to tattoos at work, how much power do employers have to give a thumbs up or say no go? If you don’t know the answer, you’re running the risk of exposing yourself to a possible lawsuit –…
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?…
