What Courts Focus On When Employees Are Fired While on FMLA Leave Whether the termination reason was documented before the FMLA request Whether the same rule or standard was applied to employees not on leave Whether timing was the only…
Employment Law
A Coast Guard reservist who is also a federal employee was entitled to differential pay while on active duty, the Supreme Court has ruled. In a 5-4 decision, the nation’s highest court rejected the Justice Department’s argument that a federal…
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodation to qualified individuals with disabilities - unless to do so would cause undue hardship. It’s crucial that employers and managers are up to speed on the current laws,…
It’s not often that dress codes and ADA accommodation claims cross paths – but if an employee asks to be excused from complying with a generally applicable dress code requirement as a disability-related job accommodation, employers need to know the…
Workplace bullying has long been a challenge, but during Mental Health Awareness Month, it’s especially important to highlight how such behavior directly harms employee well-being, diminishes productivity and exposes organizations to significant legal risks. Recognizing common bullying patterns allows HR…
In April 2025, U.S. Citizenship and Immigration Services (USCIS) released an updated version of Form I-9, Employment Eligibility Verification. Shortly thereafter, E-Verify and E-Verify+, which also fall under the purview of the Department of Homeland Security (DHS), underwent minor changes…
The pressures and responsibilities of HR are difficult enough for a whole department of people, but when you're the only HR professional it's a matter of survival mode. Handling the workload, ensuring legal compliance, and avoiding extreme stress can be…
Commission-based compensation is a powerful driver of performance, but when not carefully managed, it can expose organizations to significant legal and financial risk. Case in point: A lawsuit involving commission wages at tech company Oracle has been tentatively settled, with…
Age discrimination isn't always obvious; it can sometimes be subtle, such as when employees face pressure to retire earlier than planned. Even well-intentioned decisions can essentially result in forced retirement, leaving employers vulnerable to costly lawsuits and fines. This EEOC…
Employers should be aware the federal law that protects veterans and service members has been amended by a new law, making the stakes higher. The Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act was enacted early in…
On April 23, President Trump signed an executive order instructing federal agencies, including the EEOC, not to rely on disparate impact theory when enforcing federal civil rights laws. In other words, the executive order says that just because a company…
A decision from a federal appeals court in Pennsylvania demonstrates the importance of clarity in FMLA certifications provided by employees. The employer in this case was able to defeat a claim that it illegally retaliated against an employee because he…
When employers mishandle pregnancy leave, the risks go beyond inconvenience – they can lead to legal trouble and financial penalties. A Maryland plant nursery just found that out, agreeing to pay $40,000 to settle an EEOC lawsuit over pregnancy discrimination.…
The cost of violating ADA rules about medical inquiries and exams can get potentially steep. It may include back pay – even if the employee never claimed to have a disability. That may seem counterintuitive, to say the least –…
FMLA compliance can be full of potential missteps, so when the DOL releases updated guidance, it’s a good opportunity to revisit your approach. The latest focus? Medical certifications under the FMLA. Here’s a detail that often gets overlooked: FMLA regulations…
Employers may need to reverify certain employees’ Form I-9 documents due to recent changes from the Department of Homeland Security (DHS). Specifically, DHS revised the temporary protected status (TPS) that it’d previously designated for two foreign countries. By way of…
