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Employment Law

Being short probably not an ADA-qualifying disability

Merely being shorter than most people is not enough on its own to be classified as disabled under the ADA. To qualify, an applicant or employee who is short in stature would have to show that her condition substantially impairs a major life activity.

DOL continues to pursue misclassification

The Department of Labor is aggressively going after employers who don’t properly classify workers, even in industries where it is common to hire workers as independent contractors.

Joint employer? 3 scenarios to help you decide

The new Department of Labor joint-employer rule that takes effect March 16 will make it less likely that more than one employer will be held liable for the same federal wage-and-hour violation. Here are three scenarios that illustrate how the rule will apply.

21 employees to split $20.5 million settlement in EEOC bias case

Twenty-one former employees of Jackson National Life Insurance Co. will split their share of $20,500,000 the company is paying to settle EEOC charges of retaliation and race, national origin and sex discrimination.

EEOC negotiates installment plan settlement

If you think you can escape the EEOC’s wrath because you’re a small employer in a low-margin business, think again. Just because you can’t afford even a modest settlement doesn’t mean the EEOC won’t pursue litigation against you.

More lawsuits winning class-action status

Employees managed to convert individual lawsuits against their employers into class actions at a record-breaking clip in 2019, according to the Seyfarth Shaw law firm’s annual Workplace Class Action Litigation Report.

Details matter when deciding if retaliation occurred

Workers are shielded from retaliation for engaging in protected activity like complaining about alleged discrimination. Be prepared to show that anything unpleasant they experience isn’t punishment.

Limited duty may be reasonable accommodation

A limited-duty assignment may be a reasonable accommodation, even if the worker doesn’t like the change. It’s not disability discrimination.

Remote workers out-of-state? Prepare to address jurisdictional issues

These days, it’s not unusual to hire employees who live and work in another state. Telecommuting arrangements raise potential employment law compliance problems for employers.

Clear harassment policies, reporting procedures protect both victims and employers

Employers sometimes assume that the safest course of action is to fire any employee accused of harassment. But that can be a painful choice if the employee is hard to replace or is otherwise a good worker.