Employment Law

Investigate before firing alleged FMLA ‘liar’

09/02/2021

Generally, employers are allowed to fire employees they believe lied about their need for FMLA leave. But there is an important proviso: The employer must act in good faith, showing it conducted an investigation into whether the employee was entitled to leave or not.

Lawsuit: Confederate flag signals harassment

08/26/2021

Most employers train supervisors to spot signs of a hostile work environment and fix it before an unhappy employee sues. The trick is to recognize the red flags—sometimes literally.

EEO-1 deadline extended to Oct. 25

08/24/2021

The EEOC has again pushed back the deadline for employers to submit their 2019 and 2020 EEO-1 reports.

Court tosses California gig-worker ballot initiative

08/24/2021

A California judge has ruled unconstitutional a state ballot initiative that allowed gig-economy platforms such as Lyft and Uber to classify drivers as independent contractors.

Manage religious exceptions to the vaccine

08/19/2021

The EEOC has clearly said it’s legal for employers to require covid-19 vaccinations. But the agency also said employers must offer accommodations to employees who cannot get the vaccine for disability-related reasons or due to “sincerely held” religious beliefs or practices, as long as the accommodation does not impose an “undue hardship” on the organization.

Ask attorney: Does state law supersede FLSA?

08/19/2021

The Supreme Court’s 2014 decision in Integrity Staffing Solutions v. Busk, that time employees spend in a security-check line after work doesn’t count as time worked under the federal Fair Labor Standards Act, did not create a foolproof safe harbor for employers. The Pennsylvania Supreme Court just ruled that state wage-and-hour law did require Integrity Staffing to pay for screening time.

NLRB agenda: Overturn Trump-era decisions favoring employers

08/17/2021

Less than a month into her term as the National Labor Relations Board’s general counsel, Jennifer Abruzzo wasted no time putting her stamp on the board’s agenda. Abruzzo moved into her new office on July 22. On Aug. 12, she issued an advisory memo that signals a likely effort to reverse many of the NLRB’s Trump-era decisions.

Apply leave policy equally to all employees

08/13/2021

You probably have a well-defined leave policy that gives employees time off for vacations, illness and tending to personal business. Whether you provide separate pots of leave or lump it all into paid and unpaid time off, your leave policy must treat all employees equally.

Transfer accused harasser, not alleged victim

08/13/2021

When allegations of sexual harassment arise, it’s common sense to separate the alleged harasser and the alleged victim. Do so by transferring the person who has been accused of harassment. Any effort to move the alleged victim is liable to be construed as retaliation for having reported harassment.

Infrastructure legislation notable for what’s not in it

08/10/2021

The massive infrastructure bill moving through the U.S. Senate would provide $1.2 trillion to build and repair roads, bridges and tunnels; modernize the nation’s utilities; expand broadband coverage; and address climate change. One thing it won’t do: Advance the Protecting the Right to Organize Act.