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Employment Law

Joint employer? 3 scenarios to help you decide

01/23/2020
The new Department of Labor joint-employer rule that takes effect March 16 will make it less likely that more than one employer will be held liable for the same federal wage-and-hour violation. Here are three scenarios that illustrate how the rule will apply.

21 employees to split $20.5 million settlement in EEOC bias case

01/21/2020
Twenty-one former employees of Jackson National Life Insurance Co. will split their share of $20,500,000 the company is paying to settle EEOC charges of retaliation and race, national origin and sex discrimination.

EEOC negotiates installment plan settlement

01/16/2020
If you think you can escape the EEOC’s wrath because you’re a small employer in a low-margin business, think again. Just because you can’t afford even a modest settlement doesn’t mean the EEOC won’t pursue litigation against you.

More lawsuits winning class-action status

01/16/2020
Employees managed to convert individual lawsuits against their employers into class actions at a record-breaking clip in 2019, according to the Seyfarth Shaw law firm’s annual Workplace Class Action Litigation Report.

Details matter when deciding if retaliation occurred

01/15/2020
Workers are shielded from retaliation for engaging in protected activity like complaining about alleged discrimination. Be prepared to show that anything unpleasant they experience isn’t punishment.

Limited duty may be reasonable accommodation

01/15/2020
A limited-duty assignment may be a reasonable accommodation, even if the worker doesn’t like the change. It’s not disability discrimination.

Remote workers out-of-state? Prepare to address jurisdictional issues

01/15/2020
These days, it’s not unusual to hire employees who live and work in another state. Telecommuting arrangements raise potential employment law compliance problems for employers.

Clear harassment policies, reporting procedures protect both victims and employers

01/15/2020
Employers sometimes assume that the safest course of action is to fire any employee accused of harassment. But that can be a painful choice if the employee is hard to replace or is otherwise a good worker.

In San Antonio, ‘English-only’ rule exposed even more bias

01/15/2020
Former owners of La Cantera Resort and Spa in San Antonio have agreed to pay more than $2.5 million to settle EEOC national-origin discrimination charges.

United pays $321K to settle charges it knew of internet harassment

01/14/2020
United Airlines has agreed to settle an EEOC lawsuit claiming the company knew for years that one of its pilots had been posting sexually explicit photos of a flight attendant on the web without her consent.