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Employment Law

When it’s OK to pile on work following FMLA leave

When employees take FMLA leave, they have the right to return to the same or an equivalent position. “Equivalent” means the job has the same pay, benefits and working conditions as before. But jobs often evolve, even when the jobholder is off on FMLA leave. And sometimes, that means an employee will return to a job that’s somewhat different.

EEOC harassment lawsuits target Las Vegas restaurants

The four lawsuits included allegations raised by workers throughout the hospitality industry, from housekeepers in hotels to waitstaff in both high-end and casual restaurants and bars. Allegations included the attempted rape of a young housekeeper, sexual assault, sexual solicitations, sexual comments, inappropriate touching, stalking and other inappropriate behaviors.

DOL rule would raise OT salary threshold to $55,068

The Biden administration on Aug. 30 proposed a new rule increasing the white-collar overtime salary threshold to $55,068, a 55% increase over the current threshold of $35,568. Practical impact: Exempt administrative, executive and professional employees who earn less than $55,068 per year ($1,059 per week) must receive overtime pay if they work more than 40 hours in a workweek.

Insist that clients honor your anti-discrimination and anti-harassment commitment

Of course the EEOC keeps an eye out for cases of discrimination and harassment committed by co-workers and supervisors. But did you know it also investigates—and files lawsuits—when employees allege discrimination and harassment perpetrated by customers and clients?

EEOC’s new strategic plan targets discrimination

The EEOC on Aug. 22 approved a new strategic plan for fiscal years 2022–2026 that focuses on preventing employment discrimination through targeted enforcement while advancing equal employment opportunities with education and outreach.

Accused of religious bias? Brace for years of litigation

Expect more requests for religious accommodations and more objections to performing some tasks. That kind of employee pushback—aided by well-financed nonprofit groups willing to litigate their cases—is already yielding more EEOC religious-discrimination complaints and federal lawsuits.

DEI on the chopping block? Appeals court tees it up

A federal appeals court just made it harder for some employers to defend against discrimination claims, and the ruling could set up a big Supreme Court fight that may put diversity, equity and inclusion programs in jeopardy nationwide.

Conservative group sues, claiming DEI programs discriminate

Predictions of an assault on employers’ diversity, equity and inclusion programs appear to be coming true. Hoping to piggyback on the argument that persuaded the U.S. Supreme Court to outlaw affirmative action at colleges and universities, a conservative group has sued two law firms for programs designed to increase diversity in the legal profession.

Beware bias claims if you use AI to screen applicants

If you use AI to screen applicants, watch out! The EEOC is primed to spot evidence of AI-caused discrimination.

Federal AI in employment legislation may be coming

The No Robot Bosses Act would prohibit employers from exclusively relying on AI when making hiring, promotion or other employment decisions. In addition, it would require periodic testing to prevent bias from influencing AI processes and built-in bias.