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Employment Law

New risk: EEOC now suing over small claims

05/16/2019
Employers haven’t worried as much about being sued by the EEOC in smaller, less unique cases in which workers had to rely on finding an attorney willing to take their case. But that’s all changing.

NLRB: Bathroom chat isn’t ‘protected’ activity

05/14/2019
Even in nonunion workplaces, the National Labor Relations Act protects the rights of employees to engage in “concerted activity” that aims to benefit their job-related mutual aid or protection. But does that protection cover two workers who are overheard complaining about clients in a bathroom? Apparently not.

Provide breaks for nursing mothers: DOL punishing violators of ACA rule

05/14/2019
The Affordable Care Act requires employers to provide milk-expression breaks for new mothers and a private place that is not a bathroom. The U.S. Department of Labor is going after employers that don’t comply.

More than half of employers working to fix pay equity

05/14/2019
60% of employers say they’ve actively worked in recent years to address pay inequality, according to a new Korn Ferry/WorldatWork survey.

DOL opinion letter on FMLA timing muddies the waters

05/06/2019
Employers must run FMLA leave concurrently with any paid leave an employee takes for an FMLA-qualifying condition, according to a new opinion letter from the U.S. Department of Labor.

Complaints at tony Manhattan salon led to hair ordinance

05/06/2019
Discrimination complaints from employees of the exclusive salon Sharon Dorram Color at Sally Hershberger contributed to a New York City Human Rights Commission decision earlier this year to label hair discrimination as a form of racial discrimination.

Always respond to harassment charges, including same-sex incidents

05/06/2019
Here’s a warning to employers that ignore sexual harassment complaints from men who claim another man harassed them.

Disabled or not, you’re justified to call regular attendance an essential job function

05/06/2019
Disabled employees are entitled to reasonable accommodations for their disabilities if those accommodations allow them to perform the essential functions of their jobs. But smart employers make it clear that, generally speaking, regular attendance is both expected and essential to the job.

Solid reasons for termination? Fire away!

05/06/2019
If you have compelling reasons to terminate someone and have carefully documented them, there’s really no reason to fear pulling the firing trigger. Just be sure to treat all similarly situated employees the same way.

No racial slurs, no matter who utters them

05/06/2019
The use of racial slurs in the workplace continues to create problems for employers. That’s especially true for epithets aimed at black Americans.