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Employment Law

Legal arguments take shape as business groups oppose new overtime rule

09/25/2023
The Department of Labor’s proposed rule to raise the white-collar overtime salary threshold to $55,068—up from the current $35,568—will almost certainly face legal challenges in coming months. Business advocacy groups and some conservative politicians have vowed to sue to prevent the rule from taking effect.

Be prepared to prove why remote work isn’t a reasonable disability accommodation

09/25/2023
In many cases, disabled workers qualify for telework as an ADA reasonable accommodation if working from home instead of an office enables them to perform their job’s essential functions. However, that doesn’t mean employers must always grant a request to work remotely. If the job simply can’t be done offsite, then telework isn’t a reasonable accommodation.

Accommodating employees with visual impairments

09/20/2023
About 18.4% of all U.S. adults are visually impaired, according to the Centers for Disease Control and Prevention. Visual impairments and related limitations may qualify as disabilities under the ADA and require reasonable accommodations.

Schedule changed after FMLA leave? Be able to show why

09/20/2023
If you need to make a schedule change after a worker returns from FMLA leave, have (and document) a legitimate business reason.

Ensure supervisors understand laws that prohibit pregnancy discrimination

09/20/2023
If recent EEOC actions are any indication, employers that don’t properly train supervisors and hiring managers about pregnancy discrimination will wind up defending themselves in court.

Yes, the ADA applies to remote workplaces, too

09/18/2023
Employers with 15 or more workers are required to comply with the ADA—even when those employees work remotely. In addition, employers must reasonably accommodate disabled applicants during the hiring process even if job interviews are conducted remotely.

What you should do now to prepare for the new overtime rule

09/18/2023
Now that the Department of Labor’s new proposed rule raising the white-collar overtime salary threshold has been published in the Federal Register, the clock has started ticking for employers to prepare for its eventual enactment.

EEOC wins $36 million verdict in deaf-driver case

09/15/2023
A jury has sided with the EEOC and awarded a deaf truck driver more than $36 million in punitive damages after the company that trained the driver refused to hire him because of his hearing impairment.

New pregnancy regulations to hit small employers hard

09/15/2023
If you have fewer than 50 workers, you haven’t had to worry about providing job-protected FMLA leave for pregnant employees or new parents. However, a new federal law—the Pregnant Workers Fairness Act—has changed all that for small employers with 15 or more employees. If you meet that threshold, the PWFA now requires you to accommodate many pregnancy-related conditions, complications and limitations.

As states relax child-labor laws, beware! Feds could still sue

09/15/2023
In an economy defined by labor in short supply, many employers may be tempted to hire more underage workers in order to remain fully staffed. That can be legally risky! Those employers may face scrutiny from the U.S. Department of Labor—and they could trigger backlash (and additional liability) if young workers are injured or harassed at work.