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Employment Law

Even temporary conditions can be disabilities

05/26/2022
It’s a misconception that an employee must have a permanent, long-term medical condition in order to be covered by the ADA. Not true! A temporary serious health condition can still qualify as an ADA disability.

Fairness can overcome managerial stupidity

05/26/2022
Employers that are generally fair and reasonable can bounce back from isolated instances in which managers make stupid mistakes that look discriminatory. Having a history of fair and transparent promotions and pay increases tends to demonstrate that an employer doesn’t intend to discriminate.

Don’t let bosses override accommodations

05/26/2022
Whether you handle accommodation requests internally or through a third party, make sure you don’t undo all your efforts by letting supervisors override accommodation recommendations and implement their own measures.

Sweeping FLSA revision advances in House of Representatives

05/24/2022
Nominally, the Wage Theft Prevention and Wage Recovery Act (H.R. 7701) would require employers to provide detailed pay stubs and issue final pay in a timely manner.

From retired to rehired: Beware liability risks

05/24/2022
The recently “unretired” are more likely than younger workers to trigger Age Discrimination in Employment Act complaints in both the short term and in the future if they wind up losing their jobs in an economic downturn. Let’s look at the risks and how to mitigate them.

The wage-and-hour risks of rounding time

05/19/2022
The DOL says employers should discourage “major discrepancies” between “clock records and actual hours worked.” In other words, frequent and repeated rounding could call into question the accuracy of an employer’s overall time records. So what’s an employer to do?

The case of the $79,000 rubber gloves

05/19/2022
When a dairy worker learned she was allergic to rubber and plastics, she asked to wear different gloves at work. The company said “no,” forced her to leave work when she had allergic flare-ups, then fired her for too many absences.

EEOC lawsuit alleges discriminatory AI screening

05/19/2022
Using software based on artificial intelligence and other algorithm systems has helped streamline the hiring process at many companies. Those programs are often touted as a way to keep bias from tainting the hiring process. But recent guidance from the EEOC and Department of Justice says AI can sometimes lead to more discrimination, not less.

Federal contractor? Beware OFCCP audits

05/19/2022
When a company signs a contract to perform work for the federal government, it agrees that the Department of Labor’s Office of Federal Contract Compliance Programs can conduct routine audits of its labor practices. Those audits can be far-reaching—and if some form of discrimination is uncovered, the DOL is empowered to bring charges.

EEOC, DOJ warn about AI and disability bias

05/17/2022
The EEOC and the Civil Rights Division of the U.S. Department of Justice have released guidance on how employers can avoid discriminating against disabled applicants and employees when using artificial intelligence software or other algorithmic tools to make HR decisions.