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Employment Law

Be prepared to explain pay disparities

It’s fine to pay some workers more than others. The key is understanding the federal Equal Pay Act and its state equivalents.

Think twice before closing down to stop union organizing

Employers that fear the spread of union-organizing efforts might be tempted to shut down the location that first votes in favor of union representation. That strategy can backfire. The shutdown is sure to prompt employees to file unfair labor practices charges with the National Labor Relations Board, which is quite likely to order the employer to reopen.

Case of the Week: No nondisparagement and confidentiality clauses in separation agreements

The National Labor Relations Board on Feb. 21 said it’s unlawful to include nondisparagement and confidentiality provisions in the severance agreements employers often ask laid-off employees to sign.

Poll: More than half of workers over the age of 40 have experienced discrimination

Age bias is alive and well in the workplace 56 years after enactment of the Age Discrimination in Employment Act, according to a new survey conducted by Moneyzine.com.

How to handle long COVID under ADA, FMLA

A new study from New York’s largest workers’ comp carrier says long COVID contributes significantly to current labor shortages and harms productivity.

Florida man: DOL sets sights on Sunshine State employers

Feb. 16 was a bad day for Florida employers that recently ran afoul of the Department of Labor. On just that one day, the DOL announced fines and recoveries worth almost $400,000.

Beware the latest HR legal danger: Stockholder lawsuits

There’s a new HR danger out there: Shareholders can now sue corporate officers—including the professionals who head up HR departments—for breach of fiduciary duty.

Read the EEOC’s new rules on hearing disabilities

The EEOC has issued new technical assistance for employers on accommodating applicants and employees with hearing disabilities. It’s timely guidance; the EEOC has filed or settled several cases involving deafness in the past year alone.

Revise handbook to address remote harassment

If you haven’t reviewed your employee handbook in the last year or so and updated it to reflect new laws and important HR trends, you should do so soon. Otherwise, you’re probably working with an outdated and legally risky document that may do more harm than good. Here are some proactive handbook changes to consider making now to address harassment issues that can arise when employees work remotely.

No retaliation ever for invoking FMLA rights—even if employee may be ineligible

The 6th Circuit revived the FMLA retaliation claim of an attorney fired immediately after she requested unpaid leave to care for her two-year-old child at the start of the COVID-19 pandemic.