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Employment Law

How to accommodate an emerging disability: Postural Orthostatic Tachycardia Syndrome

03/16/2023
Some disabilities are so obvious that employers know how to reasonably accommodate them. But what about rare or emerging disabilities?

Your best practice for beating bias lawsuits: Keep accurate records of all HR decisions

03/16/2023
Here’s HR’s best employment-law bet: Assume every employee you fire will try to sue you. That means basing every termination decision on solid business-related reasons, documented in real time. Your good records will often be enough to get a lawsuit tossed out quickly.

Compliance guidance for the construction industry

03/16/2023
Employers in the construction industry face special challenges in complying with federal anti-discrimination and workplace safety laws. The nature of construction work, oversight by government enforcement agencies and the zeal of opportunistic plaintiffs’ lawyers make it essential for construction companies to nail their compliance responsibilities.

Witnessed harassment? Here’s what to do

03/15/2023
It’s pretty clear that sexual and other harassment at work hasn’t disappeared despite the #MeToo movement and the proliferation of high-profile news reports. One possible reason? Most employees don’t know what to do when they suspect harassment. Do you report it or ignore it and leave it to the victim to seek help?

FTC extends comment period on proposed noncompete ban until April 19

03/13/2023
The Federal Trade Commission has decided to continue accepting public comments on its proposed rule to prohibit employers from requiring employees to sign noncompete agreements. The revised deadline for submitting comments is now April 19, a one-month extension.  

Keep it Legal: Tread carefully when monitoring employees

03/10/2023
With rapid advances in technology, monitoring the workplace has become easier and cheaper. It’s no longer just cameras in common areas. Now it’s possible to examine productivity measures like keystrokes taken during a shift and out-of-office activity through vehicle location or company-issued cell phones and laptops. But there are definite areas managers should be aware of—and legal implications to keep in mind.

Requiring employees to return to the office: The next ADA accommodation battleground?

03/10/2023
With the emergency COVID declaration set to end in May, Disney CEO Bob Iger had decreed that almost all the company’s remote and hybrid workers had to return to the office four days per week beginning March 1. Iger argues that on-site work is essential to maintaining the company’s creative edge.

Employers win California battle over mandatory arbitration

03/10/2023
Call it a victory for employers that use arbitration agreements to quickly resolve workplace disputes without lengthy court battles and potential runaway jury awards. A federal appeals court has overturned a California law prohibiting employers from requiring employees to sign arbitration agreements. The ruling could mean similar laws in other states may be invalidated, too.

Respond to shifting burdens of proof in discrimination lawsuits

03/06/2023
Over the years, the Supreme Court has developed a framework for testing whether an employer’s actions are evidence of discrimination or the result of legitimate business practices. The test is often referred to as the McDonnell-Douglas burden-shifting test.

Feds announce major crackdown on child labor

03/03/2023
The U.S. Department of Labor and the Department of Health and Human Services on Feb. 27 announced a new interagency effort to combat child labor and exploitation. One of the primary tactics they will use: strict enforcement of employer compliance with the rules for completing I-9 forms.