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Employment Law

Heat still on for employers tolerating racial harassment

Three cases filed against two employers show that, despite the COVID-19 pandemic, the EEOC is not slowing down in its efforts to punish employers that don’t take their anti-harassment responsibilities seriously.

EEOC sues over insurance-driven age bias

For the second time this year, the EEOC has sued an employer for refusing to consider older candidates for specific jobs. In both cases, the employer decided not to hire or retain someone because their auto insurance policies would not cover workers 75 or older.

What you can, can’t ask staff during pandemic

When workers ask for leave because they can’t or don’t want to come to work, you need to know exactly what you can and cannot ask.

DOL issues temporary paid leave regs

The Department of Labor has issued temporary regulations covering the paid leave provisions of the Families First Coronavirus Response Act. The temporary regs became effective April 1, 2020, and will expire Dec. 31, 2020. The regs will appear in the Federal Register on April 6.

Court: You must accommodate medical pot

A recent New Jersey Supreme Court decision should remind employers everywhere that medical marijuana is a fluid area of the law. If the court’s legal reasoning takes hold nationwide, you may be forced to accommodate your employees’ legal cannabis use.

Ditch existing accommodation at your peril

If a disabled employee has successfully used a simple, informal accommodation for years, don’t summarily make him stop without discussing the decision. In fact, before removing any accommodation, you must engage in the ADA’s interactive reasonable accommodation process.

Supreme Court limits discrimination lawsuits

In a unanimous decision, the U.S. Supreme Court on March 23 ruled that contractors alleging race discrimination must show that bias was the only reason an entity refused to enter into a contract.

Who is and isn’t eligible for emergency leave?

Central to the Families First Coronavirus Response Act, which took effect April 1, are provisions granting emergency paid sick leave and paid family leave to certain employees who have been affected by the pandemic. However, there is lots of confusion about who may take that leave and how much they will be paid.

Protect your intellectual property while employees telework

Millions of new teleworkers have begun firing up their laptops each morning and logging into their employers’ intranets, trying to do work while under orders to stay home. As you and your co-workers scramble to adjust and keep working, don’t forget about protecting your company’s intellectual property.

DOL issues employer guidance on leave provisions of FFCRA

The U.S. Department of Labor’s Wage and Hour Division has issued a new round of guidance telling employers how to comply with the paid sick leave and expanded family and medical leave benefits written into the Families First Coronavirus Response Act that went into effect April 1.