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Employment Law

Job offer revoked due to medical condition: Why it wasn’t an ADA violation

Employers know that refusing to accommodate or hire a disabled employee can end up being an ADA violation. But what happens if the disabled person poses a danger to themselves and others? A court addressed this issue in a recent…

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employee posed a direct threat

Teacher’s contract not renewed: Was it illegal bias?

Discrimination did not drive a school district's decision not to renew a middle school teacher's contract, a federal district court in Virginia decided.  In 2014, the Smyth County School Board hired Jeri N. Davidson as a middle school teacher. In…

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She Says It Was Pregnancy Discrimination

Longtime professor alleges anti-Italian bias in employment

A professor is claiming anti-Italian bias in employment. A court partially granted a defense motion to dismiss. But it also preserved several allegations.  Claire Huffman is a 75-year-old Italian professor who has taught at Brooklyn College since 1972. Over the…

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New suit: Ugly race bias in the workplace at Tesla

The state of California, through its Department of Fair Employment and Housing, has filed a bombshell race bias lawsuit. The new suit accuses Tesla of subjecting employees at its Fremont plant to discrimination and ugly harassment based on race. Tesla…

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shocking allegations drive new lawsuit

Furniture company to pay $5 million to end sex bias lawsuit

A furniture company will pay a steep price to settle a federal government lawsuit that accused it of unlawful sex discrimination. American Freight Management Company LLC does business as American Freight Furniture and Mattress. The federal Equal Employment Opportunity Commission…

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feds say women were excluded from jobs

Top scams: IRS issues warning

It’s that time of the year! You know what we’re talking about … tax season. And you know what that means … a hoard of low-down, no-good, dirty, rotten scam artists will be coming out of the woodwork to trick…

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What Employees Need To Know To Stay Safe

More states dropping mask mandates

Here's some good news for employers trying to get back to normal -- more states have begun dropping mask mandates, and experts are cautiously optimistic we're approaching "normalcy." Some states that have ended their mask mandates (or will very soon)…

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COVID-19 Numbers Continue To Decline

Employer not liable for death of employee who drowned at work

How far do employers have to go to keep their employees safe at work? In this case, an employee drowned while pressure-washing a dock. At the time, he was not wearing a personal floatation device. The big question: Did his…

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appeals court throws out osha citation

Medical inquiry was justified: Here’s why

Employers need to be very mindful of ADA requirements when they ask their employees medical questions or seek medical records. But that doesn’t mean such requests are never justified.In a recent case, a federal appeals court said a railway company…

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OT lawsuit settlement calls for $4.25M payout

Santander Bank is set to pay $4.25 million to settle a class action lawsuit. The suit accused it of violating Fair Labor Standards Act provisions relating to the payment of overtime.  The suit was filed in a New Jersey federal…

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Employer Punished Workers Who Reported OT Hours Suit Said

DOL raises minimum wage for federal contract workers

The Department of Labor (DOL) announced that it raised the minimum wage for federal contract workers to $15.00 per hour on Jan. 30, 2022 – an average increase for workers of $5,228 a year. That means construction workers, childcare, health…

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300000 workers affected average increase 5228 a year

Was criticizing supervisor protected by free speech? Court says no

There's always going to be some conflicts at work. And when an employee criticizes their supervisor, things can get sticky. One employee didn't like how their supervisor did their job. When the employee complained, they were reprimanded and later fired.…

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Employee Later Fired

Job candidate looked great on paper, but …

A job candidate looks great on paper. That doesn't mean you have to take them -- but you better be ready to have a good explanation if they claim illegal bias. A 66-year-old former justice of the Mississippi Supreme Court…

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experience is not everything

Using transgender employee’s deadname was harassment, court ruled

Back in 2020, the Supreme Court ruled that sex discrimination protections under the Civil Rights Act extended to sexual orientation and gender identity. And a recent district court ruling reiterated that. Here's a breakdown of the case. Purposely misgendering Vivian…

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company failed to prevent harassing behavior

Minimum wage: Keeping benefits competitive

Benefits pros need to keep an eye on the federal minimum wage in your area to maintain a competitive compensation plan. Thanks to the pandemic, the focus on federal minimum wage has increased. As we’ve said in previous posts, employees…

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State-By-State List

Long-term disability? He said/she said fight leads to this result

There was evidence to support both sides. Here's why the scales tipped in favor of an employee seeking long-term disability benefits.  A maintenance supervisor had long-term disability insurance. His employer provided the insurance. The policy provided two years of benefits…

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Tough Call To Make Should He Get Benefits
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