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Employment Law

Another reason to track absenteeism: It can rule out unemployment benefits

If you want to terminate for attendance problems, make sure you consider only unexcused absences when making your decision.

$4.2 million firing: Back pay, pain & suffering, punitive damages—and then front pay, too

Unfairly terminating a worker could spark a lawsuit that costs your organization millions of dollars.

ADA: Beware job descriptions so rigid that accommodations become impossible

Employers may reject a proposed disability accommodation out of hand, thinking every job requirement is truly essential to getting the work done. But courts want to see some flexibility.

Supreme Court hands win to injured workers

The Minnesota Supreme Court has overturned a 30-year-old decision that prevented injured workers from receiving workers’ compensation benefits and also suing their employers for discrimination.

Missed EEOC deadline doesn’t rule out lawsuit

If you haven’t heard from a former employee by the time the EEOC’s 180-day deadline for filing a complaint passes, you can probably safely assume the termination won’t turn into a discrimination lawsuit. However, there is one way a former employee can revive her chance to sue.

Muted reaction to DOL’s overtime salary threshold proposed rule

Reaction to the Department of Labor’s March 7 announcement of a 50% increase in the salary threshold has mostly focused on the practical details. Here’s what people are saying.

1st steps: Gauge impact of new OT threshold

Start strategizing how to respond by identifying who on your staff would be affected by the new salary threshold rule.

DOL releases new proposed overtime rules

After two years of speculation, false starts and hand-wringing, the U.S. Department of Labor has finally published its much-anticipated overhaul of the nation’s overtime rules.

Federal court revives EEO-1 pay reporting requirement

The U.S. District Court for the District of Columbia on March 4 vacated a Trump administration stay of an EEO-1 reporting requirement that was promulgated during the Obama administration but never implemented.

Ensure call-ins state reason for absence

Unless you have a call-in protocol that allows you to convincingly argue that an employee didn’t provide enough information to classify the absence as qualifying for FMLA leave, it’s her word against yours.