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Employment Law

$1.4 million EEOC settlement over national origin

03/13/2025
Employers can’t discriminate against applicants based on their national origin—including Americans. That’s the reminder from an EEOC settlement.

Beware new class-action threat targeting smoker surcharges

03/10/2025
Employees claim Whole Foods’ benefits plan violates ERISA because plan administrators aren’t acting in the smoking employees’ best interests when they refuse to refund surcharges after employees quit using tobacco products.

Pay-equity audit? Be prepared to show your work

03/07/2025
To avoid litigation, many employers conduct internal audits to ensure pay equity when employees perform substantially identical work. If you decide to run a pay-equity audit, be prepared to show exactly how you conducted it.

NLRB acting general counsel drops Biden-era legal guidance

03/07/2025
In February, the acting general counsel of the National Labor Relations Board notified board staff that he had rescinded select guidance issued by the NLRB’s former general counsel. The move indicated that the NLRB will change how it handles unfair-labor-practices findings, employee monitoring, union elections and much more.

Review development programs to ensure inclusion

03/07/2025
To protect against reverse-discrimination charges, thoroughly review all your training and development opportunities to ensure they don’t violate Title VII of the Civil Rights Act and other anti-discrimination laws. Here’s what to look for when you review your development programs.

Handling harassment amidst legal changes and uncertainty

03/05/2025
The legal and regulatory landscape surrounding workplace harassment is shifting rapidly, leaving many HR professionals wondering how to stay compliant while maintaining a fair and inclusive work environment.

USERRA: Review military leave policies in light of massive class action against Amazon

03/03/2025
A federal judge has given the go-ahead for a massive class-action lawsuit against Amazon over how the online retailer handles leave so its military-connected employees can fulfill their training and deployment obligations. The case asks how far employers must go to pay for military-related absences.

Court says DOL can use salary level to determine exempt classification

03/03/2025
The Biden administration’s bid last year to raise the white-collar overtime salary threshold from $35,568 per year to $58,656 is dead, the victim of a series of court rulings that said the Department of Labor overstepped its authority by mandating such a big jump. However, one aspect of the OT threshold process stands.

Document termination decision before telling worker

02/28/2025
Always document disciplinary decisions the moment you make them—and before you tell the employee. That way, you can successfully argue that you could not have retaliated against the employee because the decision was made before you knew about their request.

As Ramadan approaches, consider religious accommodation obligations

02/26/2025
Two upcoming religious holidays make it an opportune time for employers to review the laws regarding religious accommodations.