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Employment Law

2 workers fired for hosting Christmas party: Was it religious discrimination?

Another holiday season is right around the corner, which means this employer-friendly ruling from the Sixth Circuit provides timely guidance -- just in time for Christmas, Hanukkah and other religious celebrations. The court upheld the terminations of two employees who…

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Did Company's Response To Christmas Party Go Too Far?

Alcohol and cocaine use – and he still gets workers’ comp?

In what has to be a frustrating decision for all employers, Alaska’s highest court ruled that a carpenter who admitted to using both alcohol and cocaine before getting hurt on the job was nonetheless entitled to workers’ comp benefits. The…

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State High Court Awards Benefits

How NOT to respond to sexual harassment complaints: $700K mistake

Lowe’s, a nationwide hardware and home improvement company, has agreed to pay $700,000 to resolve a sexual harassment complaint brought by the Equal Employment Opportunity Commission (EEOC) on behalf of three female employees. According to the EEOC’s complaint, Lowe’s “allowed…

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$46.5 million question: Employee or independent contractor?

The grocery delivery company Instacart has agreed to pay $46.5 million to settle a lawsuit that accused it of wrongfully classifying employees as independent contractors. San Diego City Attorney Mara Elliott sued Instacart in September of 2019, just three days…

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Are Big Changes Coming ForT he Gig Economy?

Child labor violations? Court orders company to comply with DOL investigation

 A New York federal court granted a temporary injunction that ordered a company to stop using “oppressive child labor” and to comply with a Department of Labor (DOL) investigation. According to the DOL, a restaurant violated the child labor provisions…

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Age bias: Suit accuses big employer of weeding out older workers

A newly filed lawsuit accuses pharmaceutical behemoth Lilly USA, LLC, of violating federal law banning age bias by making a conscious effort to reduce the number of older people it employed as pharmaceutical sales representatives. The suit’s allegations raise important…

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Age-Based Decisions Subject To Scrutiny

Costly mistake – court orders bakeries to pay nearly $1M in back wages, plus penalties

A Connecticut federal court has ordered three bakeries to pay nearly $1 million in back wages and damages to 74 employees to resolve violations of the Fair Labor Standards Act (FLSA). The suit was prompted by an investigation by the…

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74 Employees Awarded Back Wages Damages

ADA and mental health rights: 3 new lawsuits sound warning

Three newly filed lawsuits highlight the critical importance to HR pros of understanding how the Americans with Disabilities Act (ADA) applies to applicants and employees with mental disabilities. In a span of just five days, the Equal Employment Opportunity Commission,…

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Central Park dog walker fired after ugly viral video: Was it discrimination?

Does the name Amy Cooper ring a bell? You may remember her better as the “Central Park Karen” who was fired after she called the police because a Black man asked her to obey park rules and keep her dog…

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Company Fired Her After International Outrage

Appeals court revives retaliation allegation — here’s why

Did you know that retaliation claims can challenge a broader range of employer conduct than claims of discrimination? A new ruling from a federal appeals court demonstrates the point. The Ninth Circuit Court of Appeals (which covers Alaska, Arizona, California,…

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Nonrenewal Of Contract Might Be Retaliation

Data breach, but no identity theft: Can employee still sue?

An important new decision from a federal appeals court says a former employee can proceed with claims against her old employer based on a data breach – even though the breach did not lead to identity theft or fraud against…

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New Ruling Backs Ex-Employee

Bias and retaliation claims: New court ruling shows keys to beating them

A new ruling from a federal appeals court provides important insight for employers and HR pros on how to successfully defend employee claims of bias or retaliation. And while the case involves a state-specific law called the Washington Law Against…

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Employer Squelches Allegations Of Bias Retaliation

Employee failed drug test after work mishap: Can he be fired for legal marijuana use?

Conflicting federal, state and local laws on marijuana use raise tough questions for HR professionals. For example, should you require employees to submit to a drug test? And if so, when it is OK to fire someone who fails? How…

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Religious beliefs clash with job duties: What should employers do?

A newly filed lawsuit says CVS Health violated Virginia law when it dismissed a nurse practitioner who declined to prescribe or administer abortion-inducing drugs because of her religious beliefs. The suit says CVS accommodated the nurse practitioner’s religious beliefs for…

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She Opposed Abortion

5 ADA Supreme Court rulings you need to know

It’s been a long and winding road for the Americans with Disabilities Act (ADA) since the law was passed in 1990. From the start, the statute’s text was filled with malleable terms and sometimes equivocal language that was in dire…

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The Most Important ADA Rulings for HR

Court Backs Employer in Racial Bias Dispute: 3 Keys

This employer-friendly ruling highlights just how much freedom companies have to set job requirements – and choose the best candidates for the position. In this case, a Black applicant accused a university of not hiring him due to racial bias.…

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