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News

Employment Law

‘Toothless old man’ — Supervisor’s careless words lead to age discrimination lawsuit

A federal court in Ohio granted an asphalt company’s motion for summary judgment on an employee’s age discrimination claims. Here's why the employer was able to nip this case in the bud. From 2014 until 2021, Rick Bowersmith worked at…

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Fired employee files age discrimination claim

Leadership & Strategy Staff Administration Wellness

Workplace mental health: What to do when HR’s discouraged from talking about it

More than half of employers (55%) are having some kind of conversation about workplace mental health, according to a survey of workers and employee benefits leaders by Lyra. However, that also means 45% of employers are not openly talking about…

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Employers don't want to get swamped with ADA

Employment Law

Here’s why this claim of sex-based pay discrimination fell short

One way to prove unlawful sex-based pay discrimination is to show that an employee of a different sex does a similar job but gets paid more. But to win in this way, the plaintiff must show that the other employee…

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Pay discrimination claim falls short

Employment Law

Meal break time: Are you making this (potentially huge) mistake?

A security services provider will pay more than $1.1 million following a DOL investigation that found it wrongfully deducted meal break time for hundreds of employees. The DOL’s Wage and Hour Division investigated Universal Protection Service LP, which does business…

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Meal break time deductions cost employer $1.1 million

Employment Law

Under-the-radar risk costs employer $1 million

Sometimes, the hidden risk poses the greatest danger. Dolgencorp, LLC, which does business as Dollar General, has agreed to pay $1 million and take other steps to settle an EEOC lawsuit that accused it of violating federal law by requiring…

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Are you aware of this risk?

Recruiting

Catfishing candidates: Employers are still misleading applicants

Catfishing – pretending to be someone else online – has become a widespread and well-known phenomenon in the past several years; so common, in fact, that it has spawned its own TV show and its own dictionary definition. And, as…

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Company catfishing continues

Employment Law

Living the high life: State expands protections for marijuana users

Beginning at the start of next year, a pair of California state law amendments will increase the employment law rights of marijuana users in the state. In combination, the amendments generally bar employers from discriminating based on the use of…

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New protections for marijuana users

Employment Law

ERISA Plan Docs: Are You Doing What the Law Requires?

Among the more head-spinning laws HR has to grapple with, the Employment Retirement Income Security Act (ERISA) ranks near the top of the list. ERISA, which sets federal rules for health and retirement plans, lays out specific requirements about what…

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ERISA sets plan document rule

Benefits HR Technology

3 enrollment tools to empower HR pros during open enrollment season

Open enrollment is just around the corner, and HR departments need to prepare to answer questions, correct issues and manage all of the other stress that comes with this time of year.  And the process isn’t easy for employees, either:…

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Open enrollemnt tools for a seamless enrollment season

Employment Law

He didn’t record his OT: Does he get paid for it?

You might think you know all the ins and outs of when time worked by employees -- including OT -- must be paid. After all, it sounds like a pretty simple question, right? But as savvy HR pros know, even…

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Do you know this rule about OT?

Employment Law

Fired employees file whistleblower complaints: Doggie daycare pays $50K in damages

  In Idaho, a doggie daycare facility and its former owner will pay $50,000 in general and punitive damages to resolve two former employees’ whistleblower complaints, the DOL announced in a press release.   Two employees filed whistleblower complaints with…

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OSHA investigates whistleblower complaints

Employment Law

Do you know this accommodation rule? It just cost this employer $158K

Under the ADA, a broad variety of accommodations may need to be provided to applicants and employees with disabilities. Both the statute and implementing regulations demonstrate this breadth by providing specific examples of changes that may be required as reasonable…

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Accommodation miscue proves expensive

Employment Law

Fired over a tampon: Jury awards woman $85K — then court tacks on an additional $258K

Even if a six-figure payout doesn’t make you cringe, the details of this lawsuit probably will. A woman in Virginia was fired for "suspicion of contraband" because she wore a tampon at work. Here’s the rest of the story: Body…

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Court: Use of tampon is impossible to detangle from sex

Benefits Employee Services Health Care

Retention strategy: More than 60% of employers plan to expand their family health benefits

Employers must follow the PUMP Act and Pregnant Workers Fairness Act. But it may take offering family health benefits - and going beyond what's legally required - in order to stand out in a competitive hiring market. This includes paid…

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Expert: Fertility

Employment Law

5 lawsuits in 5 days: EEOC goes on warpath with new ADA filings

An onslaught of new lawsuits filed by the EEOC near the end of September demonstrates the wide scope of protection afforded to applicants and employees with disabilities under the Americans with Disabilities Act (ADA). In five federal lawsuits filed within…

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Employment Law

Company documentation under a microscope: Fired employee’s lawsuit says form proved racial bias

For HR pros, it’s a long-standing principle that company documentation can make or break an employer in court. On one hand, solid documentation can protect employers from potential legal trouble. But on the other hand, paperwork mistakes (like these common…

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Company documentation in the spotlight
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