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Employment Law

Avoid the accommodations error that just cost Wells Fargo $22.1 million

08/26/2024
The ADA requires employers to engage in an interactive process with disabled employees to determine what accommodation, if any, will allow them to perform the essential functions of their jobs. It’s supposed to be a back-and-forth dialogue and it’s supposed to be fast. Delaying the interactive process or reaching an agreement and then slow-walking implementation is sure to spell legal trouble.

Bosses’ personal assets are at risk! How to dodge the spike in wage-and-hour lawsuits

08/23/2024
Want to stop bosses from allowing off-the-clock work or looking the other way when employees work unpaid overtime? Remind them that, unlike some other employment laws, the Fair Labor Standards Act lets employees sue supervisors (and HR professionals like you) personally—not just the organization itself.

Pay equity trends and data: What HR departments need to know

08/22/2024
While HR professionals are likely aware of the rising trend and growth of pay transparency laws, pay equity laws are rising as well. Joanna Colosimo, vice president of workforce equity and compliance strategy at DCI Consulting, dug into this issue during a session at SHRM’s annual conference this past June.

Refuse to reinstate disabled worker at your peril

08/22/2024
A federal appeals court has upheld a $1 million jury verdict that concluded an employer ignored objective medical information when it refused to reinstate a worker after a cardiac arrest.

DOL recoups millions for independent contractors

08/22/2024
The DOL determined that the technicians were highly dependent on the company for work that was directed and controlled by the company.

Rules mean nothing without enforcement

08/22/2024
Rules that aren’t enforced may get you in bigger legal trouble than none at all because a jury can point to your rules as evidence you knew your legal obligations but chose to ignore them.

Consider benefits for nursing mothers

08/22/2024
Medela, a leading provider of breast milk pumping equipment, and Mamava, the creator of nursing pods, teamed up to survey new mothers about their nursing needs as they return to the workplace. The results highlight why offering more than the minimum legally required breaks for milk expression may be a welcome benefit, encouraging retention and a reputation for being an employer of choice for new parents.

FMLA leave begins at birth, not before

08/22/2024
The days immediately preceding a child’s birth are exciting. And who could blame a dad for wanting to experience it by taking FMLA leave? The 11th Circuit, however, has ruled that FMLA leave begins when the child is born, not before, so an employee who was terminated for absences he racked up before his child was born was fired legitimately.

Federal court kills FTC noncompete ban

08/21/2024
A federal court in Texas has issued a summary judgment in a case challenging the Federal Trade Commission’s rule that would have banned noncompete agreements.

Travel time & money: Lessons for employers

08/20/2024
Tracking working time and reimbursing nonexempt employees for their traveling expenses can be difficult tasks. Fail to do both and you’ll end up in the middle seat on a long flight to nowhere. Two cases illustrate.