Selecting a job candidate who is much younger than others can raise the specter of age bias – but employers are not handcuffed from doing so. They should, however, be prepared to show that the decision was based on a factor other than age. An employer was able to do just that in a recent […]
The Eighth Circuit revived a First Amendment retaliation claim filed by a police officer who said he was forced to resign over a video that criticized the Black Lives Matter (BLM) movement. The city’s police department created a group text to keep all officers informed about BLM protests in the area. While the thread was […]
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 rulings that made it easier to include such provisions in severance agreements. With this new […]
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, the U.S. Supreme Court has ruled that an oil rig worker who was paid based […]
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 Michael Hibbert. One day near the middle of April 2019, Giles was assigned to the […]
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 from $15,504 to more than $1.5 million. As you probably recall, the DOL is responsible […]
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 Standards Act (FLSA) provisions relating to a variety of employment requirements, including those related to […]
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 sexual harassment by a male employee” who worked in two locations in Alabama. How NOT […]
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 office screaming because a child was choking on his lunch. The nurse ran to assist […]
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 balance the company’s DEI goals with an employee’s request for religious accommodation? That was one […]
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 to hear exactly why you passed on them. In Campbell v. City of Trussville, an […]
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 check is complete and they don’t meet the requirements of the job when the […]
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 tips on providing reasonable job accommodations. In addition, it warns against making stereotypical assumptions about […]
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 state in the nation to pass such a law, signaling that the trend may be […]
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: A Tennessee county just resolved an allegation that it illegally discriminated against a correctional officer […]
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 have to work on Sundays. Lower courts ruled against the employee, but there are signs […]
