It’s been a nagging and frustrating question for employers for decades now: When it comes to providing reasonable accommodation for employees with disabilities, exactly how far do I have to go? Savvy employers are well aware of the concept of engaging in an “interactive process” of finding a workable accommodation, which essentially entails an obligation […]
Idaho’s highest court negated a lower court ruling that said a doctor’s noncompete agreement could not be enforced. The case was sent back to the lower court for further proceedings. Dr. Donald Blaskiewicz, who is a highly trained neurosurgeon, was living and working in San Diego when the Spine Institute of Idaho recruited him to […]
A federal appeals court has revived claims of sex and age discrimination filed by a psychiatrist who lost her job because she could not pass a physical ability test. The plaintiff in the case is Jane DiCocco, who was 67 years old when she accepted a job as a psychiatrist at a federal prison located […]
As #MeToo turns five, it’s clear that the movement has generated an increased awareness about sexual harassment and assault. And as countless numbers of people shared their stories, one thing became all-too-clear: a lot of that harassment happened at work. That truth probably strikes fear in the heart of HR pros everywhere. First and foremost, […]
A Texas jury has returned a verdict of more than $366 million to a former FedEx employee who said the package delivery giant engaged in retaliation because she complained about alleged racial discrimination. The award, which may be negated or reduced on appeal, includes $365 million in punitive damages. Jennifer Harris alleged in her lawsuit […]
How closely are you watching your employees? If it’s too closely, the feds may be watching you – and may soon be taking more aggressive action to stop it. The National Labor Relations Board (NLRB) just issued a memo announcing an intent to protect employees “from intrusive or abusive electronic monitoring and automated management practices.” […]
Manufactured conflict – a new form of workplace bullying – within organizations is on the rise, scorching your culture and best performers in its path. The Healthy Workplace Bill (HWB) proposed legislation could significantly increase the risk to your organization, signaling HR’s need to proactively identify and plan for the downstream impact before it becomes […]
The federal Equal Employment Opportunity Commission (EEOC) has released a new notice-of-rights labor law poster for employers to display at their worksites. Under Title VII and other federal laws, covered employers must conspicuously post notices for employees that inform them of their legal rights. Those who do not meet their obligations in this regard are […]
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 hosted an after-hours holiday party at the height of the pandemic – just days before […]
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 reasoning behind the ruling? The accident would have happened even if he had not used […]
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 sexual harassment to occur” at an Arizona location “for several years.” Specifically, a male employee […]
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 after a state-law bill regulating so-called gig economy employers cleared the California Legislature. That bill, […]
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 of the Fair Labor Standards Act (FLSA) by employing 14-year-olds to work after 9 p.m. […]
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 questions for HR pros about when – if ever – it is appropriate to make […]
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 DOL’s Wage and Hour Division, which determined the three bakeries — Padaminas NY Bakery II, […]
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, which enforces the employment provisions of the ADA as well as other federal laws against […]
