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Employment Law

Is that harassment, or just a social media spat?

05/21/2020
Sometimes, employees bicker back and forth on social media. That can lead to accusations that someone was representing the employer and used online postings to harass or retaliate. Unless the employee can prove that the posting was done on behalf of the employer, he won’t win.

Fed contractors must use new disability form

05/21/2020
The Labor Department’s Office of Federal Contract Compliance Programs has updated the form federal contractors must use to allow job applicants to voluntarily self-identify that they have a disability.

New coronavirus bill includes more paid leave

05/21/2020
The latest coronavirus relief bill—the Health and Economic Recovery Omnibus Emergency Solutions Act, passed by the House of Representatives on May 15—contains many provisions that will affect employers if it is enacted.

As you reopen and workers return, beware the whistleblower

05/19/2020
At least three laws protect whistleblowers from retaliation, and could give rise to employer liability in the event of a termination or other adverse action on the heels of complaints (or other protected activity).

Staffing companies must stand up for their workers

05/14/2020
Staffing companies that provide workers for other employers have an obligation to stand up for the workers they send on assignments when the client employer violates anti-discrimination laws such as Title VII and the Pregnancy Discrimination Act.

OK to discipline for leaving work ‘feeling sick’

05/14/2020
If a worker tells her supervisor she’s having a flareup of a serious health condition and must leave, that may invoke the FMLA, the ADA or both. But a run-of-the-mill, “I feel sick and am going home” declaration isn’t protected activity.

Calling off sick doesn’t trigger FMLA rights notice

05/07/2020
Employers are obliged to let employees know about their FMLA rights—when it’s clear they are dealing with a serious health condition. Merely calling off sick won’t cut it.

Review pension plan for age discrimination

05/07/2020
Here’s a $5.4 million reminder that discriminating on the basis of age when administering employee benefits violates federal law.

No, you can’t order a blanket ban on certain meds

04/30/2020
At the heart of the ADA is the rule that reasonable accommodations must be based on an individualized assessment of a disabled employee’s medical condition and the requirements of his or her job. Employers cannot make blanket determinations that disabled workers are unable to perform their jobs based on their diagnoses—or the medicines they use.

Root out all demographic hiring preferences

04/30/2020
We all know hiring managers shouldn’t discriminate against some candidates because of protected characteristics. It’s just as unlawful for them to favor certain candidates because they belong to a particular ethnic group or nationality.