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Employment Law

EEOC, DOJ warn about AI and disability bias

05/17/2022
The EEOC and the Civil Rights Division of the U.S. Department of Justice have released guidance on how employers can avoid discriminating against disabled applicants and employees when using artificial intelligence software or other algorithmic tools to make HR decisions.

Investigate suspected FMLA intermittent leave abuse

05/12/2022
Dishonest employees often abuse their right to take intermittent FMLA leave. Fortunately, courts grant employers broad leeway to investigate suspicious absences.

Outsource probe into high-level harassment

05/12/2022
HR pros face a quandary when an organization’s owner, CEO or other senior executive is accused of harassment. Either investigate and risk losing your job, or bury the complaint and lose your integrity. The solution: Engage an outsider such as an attorney to investigate the allegations and determine how to address them.

Supreme Court to hear FLSA case this fall

05/12/2022
When the Supreme Court considers an upcoming employment law case this fall, the outcome may rest on how narrowly Congress drafted the Fair Labor Standards Act.

All the ways losing a bias case can cost you

05/12/2022
It can be frightening to hear an employee has filed an EEOC complaint or launched a federal lawsuit. Headlines emphasizing multimillion-dollar jury verdicts don’t help. Here’s what’s at stake should an employee win a discrimination lawsuit.

Appeal? Think twice about fighting losing battles

05/05/2022
In July 2021, we reported on a case in which a fired Walmart employee with Down syndrome won a disability discrimination lawsuit. A jury ordered the retailer to rehire her with back pay—and awarded her $125 million in damages (an amount later capped at $300,000 under Title VII). Now Walmart has appealed.

FMLA ending? Prepare to offer ‘ADA leave’

05/05/2022
Employers are required to reinstate workers who are ready to return from FMLA leave. Often, that’s contingent on a health care professional’s assessment that the employee is well enough to perform his or her job duties. But what if the employee can’t pass a fitness-for-duty exam?

DOL sessions suggest OT rule change is coming

05/05/2022
In a sign that the Biden administration is moving forward with plans to raise the overtime salary threshold for white-collar employees, the Department of Labor is holding a series of “listening sessions” to gather employer and employee feedback on revising the Fair Labor Standards Act’s exemptions for executive, administrative and professional employees.

Kids these days: ‘Here’s how much I get paid’

05/05/2022
Talking about how much one earns used to be considered taboo both at work and in social settings. That’s changing.

Layoffs: Check job-cut list for discrimination liability

04/28/2022
Any time you must lay off employees, carefully review the list of people who will lose their jobs. Reason: Reductions-in-force are magnets for discrimination lawsuits.