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Employment Law

Beware clash between religious freedom and other rights at work

06/28/2024
Title VII prohibits discrimination against employees because of their religious beliefs. However, employers are allowed to express their own faith in their places of business. But what if employees oppose their employer’s religious expressions at work not because they adhere to different faith traditions but because they simply object to the employer’s religiously motivated actions?

DOL targets federal contractors accused of discrimination

06/28/2024
Like any other employer, companies that perform contract work for the federal government may not discriminate on the basis of sex, age, race, national origin and other protected characteristics made illegal under Title VII of the Civil Rights Act and other federal nondiscrimination laws. Unlike other employers, they must answer to the Office of Federal Contract Compliance Programs, a part of the Department of Labor specifically dedicated to ensuring federal contractors abide by non-discrimination rules.

Older workers could get new exemption from mandatory arbitration agreements

06/28/2024
Congress is considering legislation that would ban mandatory arbitration of disputes involving older workers covered by the Age Discrimination in Employment Act.

GOP senators attempt to block overtime rule

06/24/2024
Republican Sens. Tommy Tuberville (Ala.) and Mike Braun (Ind.) on June 17 introduced a resolution calling for the repeal of the Department of Labor’s final rule raising the overtime salary threshold for white-collar employees.

Lawsuits pending: Will new OT rule go into effect July 1?

06/21/2024
A new U.S. Department of Labor rule scheduled to go into effect July 1 will raise the overtime salary threshold for white-collar employees to $43,888 per year, up from the current $35,568 per year. However, a trio of lawsuits could derail those plans. All ask federal courts to prevent the overtime rules from taking effect, at least temporarily.

Prepare to comply: Final PWFA rules now in effect almost everywhere

06/21/2024
Final rules implementing the Pregnant Workers Fairness Act took effect June 18, with partial exceptions limited to employers in Louisiana and Mississippi, employers affiliated with the Catholic Church and state government agencies in Texas. That means almost all employers must now comply with the final PWFA rules.

Beware AI screening based on race, age and disability

06/20/2024
A class-action complaint filed earlier this year takes direct aim at the discriminatory practices inherent in AI tools. Workday, a human resource management service that provides applicant screening services as one of its capabilities, is accused of using machine-learning algorithms and artificial intelligence tools to screen out applicants who are African-American, disabled and/or over the age of 40.

What counts as retaliation? Almost anything

06/20/2024
Follow up with workers who report discrimination to make sure they’re not being punished.

Why HR needs to walk around high-risk work areas

06/20/2024
Because stopping harassment fast can limit liability, it’s crucial for HR professionals to walk around high-risk workplaces and provide training on sexual and other harassment to everyone, including employees and supervisors. Otherwise, you increase the risk of being sued, paying a settlement and having the EEOC perform the monitoring you should have been doing all along.

Why HR must preview all job postings

06/20/2024
Do you check your organization’s job postings for inaccurate, inappropriate or illegal language? If not, you’re opening your organization to legal battles.