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Employment Law

733 items

Employer to pay $384K in back wages, penalties for H-2B violations

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 the U.S. The program has several general requirements that employers must follow. Among other things, […]

Religious expression at work: Where should you draw the line?

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 competing responsibilities place employers between the proverbial rock and hard place. And when sticky situations […]

Gender stereotypes: Here’s what a $1.25M hiring mistake looks like

“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 at a company in Ohio. Trucking company – or boys’ club?    R&L Carriers, Inc. […]

A Guide to Understanding Maternity Leave

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 because it provides multiple benefits to employers and their employees – and greatly benefits the […]

Paternity leave benefits: What you need to know to get it right

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 a year of the new child’s birth. This right also applies when a child is […]

New compliance alert: DOL begins PUMP Act enforcement on April 28

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 employers comply with the legislation. Here’s what you need to know: New PUMP Act legislation […]

Don’t do these 3 things: Pregnancy policy costs this employer $400K

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 pregnant – and further required pregnant workers to obtain a note from their doctor releasing […]

Bias claim against C-suite shows need for company-wide training: $85K payout

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 Hispanic female employees. Cringeworthy comments: C-suite exec said what!? What happened: According to the EEOC’s […]

Tattoos at Work: What’s OK, and What’s Not?

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 – and legal liability. The good news: Employers have plenty of leeway to set dress and […]

Independent contractors: 5 misconceptions HR may have

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 can bring about several questions as to how best to onboard, engage and retain this […]

Are you a ‘covered employer’ under the FMLA? How to tell for sure

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? What if we straddle the minimum number over the course of time? What about part-time […]

Balancing Title VII rights: Religious worker fired for refusing to use trans co-worker’s pronouns

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 religious views and gender identities. Here’s what happened: Religious beliefs clash with preferred pronouns In […]

Feds to NJ employer: ‘That job termination violates the ADA’

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 employer never talked to her to determine whether accommodation was possible – or even needed. […]

Employee: ‘Anti-bias training clashes with my religious beliefs’

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. The employee did not show the termination decision was unlawfully discriminatory, the court said, and […]

Don’t mess with HR: Company pays $460K to settle age bias lawsuit

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, when the company planned to implement changes that violated federal law. And when the HR […]

Religious accommodation case: City settles with DOJ

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 department, which is in Michigan. Coleman is a Seventh-Day Adventist, a fact she says she […]