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Employment Law

No preconditions: Always look into harassment

Courts expect you to investigate every sexual harassment complaint. That means you should never put conditions on accepting a complaint for investigation.

61% have witnessed or experienced bias at work

A survey found employers are attempting to respond. Hiring for jobs to improve corporate diversity and inclusion efforts has increased since last year.

OFCCP bests previous record for monetary settlements

The Office of Federal Contract Compliance Programs obtained a record $40,569,816 in monetary settlements during fiscal year 2019, more than $16 million more than the next highest year in FY 2017.

DOL sets record for back pay recovered through enforcement

The U.S. Department of Labor’s Wage and Hour Division recovered a record $322 million in wages owed to workers in fiscal year 2019.

60% of employers taking action on pay-equity issues

Six out of 10 employers surveyed by the WorldatWork nonprofit and the Korn Ferry consulting firm say they are taking action on pay-equity issues, trying to ensure that minority group members and women are compensated as well as white men.

Territory bias was a million-dollar mistake

Here’s a warning for managers who assign sales or service territories to employees: Never make assumptions about who can best serve your customers on the basis of race, national origin or other protected characteristics.

New NLRB standard on changes favors employers

The National Labor Relations Board has issued a favorable decision that makes it easier for employers to demonstrate that a unilateral change in terms and conditions of employment was permitted by the collective bargaining agreement.

Don’t turn down FMLA because paid leave is available

While employees may prefer taking paid leave and will often use vacation, personal or sick time to have a paycheck, employers shouldn’t refuse an FMLA request just because paid leave is available.

Yes, you can require Social Security number to hire

Some people refuse to use a Social Security number based on their religious beliefs. However, employers must know an employee’s Social Security number to comply with federal tax and immigration laws.

To sue for FMLA interference, employee must ask for FMLA leave

In order to claim an employer violated the FMLA by denying leave, the employee must have actually requested that leave. She doesn’t have to formally state, “I am requesting FMLA leave.” However, what she says must at least be understood as a request.