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Employment Law

NLRB supports right to discuss unions, wear logos

03/18/2021
The National Labor Relations Board ruled that a BMW manufacturing plant violated employees’ labor-law rights by banning employees’ conversations about the union during work time while allowing conversations about other nonwork subjects.

Firing after FMLA leave: How soon is ‘too soon’ to trigger retaliation?

03/18/2021
When it comes to the FMLA, courts will always pull out their calendars to see how closely the employee’s protected activity (requesting or taking FMLA leave) coincides with the adverse action handed down by the employer (discipline, termination, etc.). The smaller the time, the bigger your risk of losing an FMLA-retaliation lawsuit.

#1 reason you can’t fire worker for going #2 on office floor

03/18/2021
You’d think it would be easy to fire a worker who defecates on the workplace floor and tells his manager he left a “present” for him. The problem: The employee is a member of a labor union.

Assure gender equity by assessing your operations

03/18/2021
The Biden administration is signaling it is serious about addressing pay disparities between women and men in the workplace. A White House executive order issued March 8 established a Gender Policy Council to help combat systemic, gender-based bias and harassment.

Double wages due for ignoring FLSA pay rules

03/18/2021
When the Department of Labor catches employers underpaying employees in violation of the Fair Labor Standards Act, the penalty is to pay the amount owed—and then double it. If the underpaid employee hired an attorney to plead her case, then the employer may end up paying those legal fees, too.

OSHA plans targeted covid-19 inspections

03/18/2021
Anew OSHA national emphasis program seeks to reduce the threat of coronavirus exposure at work by targeting enforcement inspections at employers that put the largest number of workers at serious risk of becoming infected.

Document why hiring committee was overruled

03/18/2021
Having a group of employees interview job applicants is a great way to identify the best candidates. But a would-be supervisor may disagree with a hiring committee’s candidate recommendation. If that happens, be sure to document exactly why he or she rejected the committee’s choice.

DOL rescinds 2 Trump-era wage-and-hour rules

03/16/2021
The Department of Labor moved March 11 to rescind two rules finalized by the Trump administration that the DOL now says significantly weaken protections afforded to workers by the Fair Labor Standards Act.

Snapshot: EEOC charges continue to decline

03/16/2021
The number of EEOC charges fell again in Fiscal Year 2020, continuing a decade-long trend.

New coronavirus relief law affects HR’s work

03/16/2021
The $1.9 trillion American Rescue Plan Act of 2021 does more than provide for $1,400 stimulus checks and expanded unemployment benefits. It reaches into the HR function, extending employer subsidies for paid time off, offering government help to pay COBRA premiums and increasing the amounts employees may shelter from taxes in dependent care accounts.