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Employment Law

3 new opinion letters from Labor Department

09/24/2020
The Department of Labor has issued three new opinion letters that address issues that may affect your company.

Don’t skip ‘futile’ ADA accommodation process

09/24/2020
Sometimes, it may seem obvious that a disabled applicant will be unable to perform the job you are trying to fill. That doesn’t mean you can simply toss out his application. Under the ADA, you have an obligation to explore potential reasonable accommodations.

DOL proposes new rule to define independent contractor status

09/23/2020
The Department of Labor has proposed an interpretive rule seeking to tease out the difference between employees and independent contractors for purposes of the Fair Labor Standards Act.

Snapshot: Most believe in a new civil rights law

09/22/2020
For the first time since Gallup began polling on the issue, most Americans—Black and White—think a new civil rights law is needed to reduce discrimination against Black people.

Camps, religious and nonprofit educational centers get FLSA break

09/21/2020
During the pandemic, many seasonal businesses have unexpectedly found themselves forced to comply with the FLSA. Now the Department of Labor is cutting those employers a much-needed break.

Can employer record ALL sound off employee’s phone?

09/17/2020
An employee writing on the Ask a Manager blog cited this frightening WFH issue: His employer installed an app on his company-provided phone that audio recorded everything happening in his home office, whether work-related or not. This is a soul-crushing HR practice, but is it legal?

Audit duties, pay scales to ensure EPA compliance

09/17/2020
Ensure Equal Pay Act compliance by routinely reviewing all job descriptions for similarities between positions. Then check similar positions’ salary ranges for consistency and the sex of job incumbents.

Beware bias when recalling RIF’ed workers

09/17/2020
When you are ready to welcome back workers who were laid off at the beginning of the pandemic, be careful not to trigger discrimination lawsuits. It could happen if your reduction in force cost the jobs of workers belonging to a protected class.

Snapshot: Union approval hits 10-year high

09/15/2020
Americans’ approval of organized labor has increased steadily in the last decade.

Defeat bias lawsuits with well-crafted policies

09/10/2020
One of the best ways to beat employee allegations that they were disciplined or fired because of discrimination: Show the court you have comprehensive policies on discipline that you enforce consistently.