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Employment Law

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

Workers’ compensation? Restroom injury leads to dispute

Workers' compensation or not? A worker suffered serious injuries when a dead tree fell near a portable restroom he was using. The worker had been painting the exterior of a house, and it was a windy day. His employer did…

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A Portable Restroom A Gust Of Wind And

Tornado victims sue employer: Were workers forced to stay?

In what may be the first of many similar suits to follow, a group of workers from the candle factory that was leveled by a devastating Kentucky tornado have sued their employer. The group says the employer illegally subjected the…

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Injured Workers File Lawsuit

Hit with a bias claim? Here’s what you need to beat it

It’s common sense, really: Employers accused of taking action against an employee for an illegal reason must be prepared to say what the real reason was – and that it was perfectly legitimate. In a typical case, articulating a nondiscriminatory…

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have a good reason ready

Court rules employee was fired for insubordination, not gender discrimination

It may seem like firing a poorly performing employee would be cut and dried. But when that employee belongs to a protected class and feels they were discriminated against, things get tricky. One company recently landed in court because of…

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bosses comment was not sexist

Starbucks facing class action age discrimination lawsuit

Showing a preference for younger employees can violate the Age Discrimination in Employment Act (ADEA) and land a company in court -- something coffee giant Starbucks is facing right now. A nationwide class action lawsuit has been filed, claiming the…

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Recruiting Practices Were Biased Suit Claims

Employee says disclosure of trans status led to harassment

What do you think: If news gets out that a new employee was once a man but is now a woman, are co-workers likely to hassle her?  An Illinois federal judge said yes. The judge refused to dismiss her claims…

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Privacy Rights At Stake
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