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Employment Law

Cost of a one-sided investigation: $15 million

01/08/2024
Ignoring a complaint or summarily dismissing it almost guarantees you’ll lose a lawsuit if the complaining employee decides to sue. But how you conduct that investigation is crucial. Lean too heavily towards supporting the alleged victim, and the alleged perpetrator may be the one who sues you.

Review compensation practices to identify potential sources of pay inequity

01/02/2024
Your employees probably no longer consider it taboo to discuss salaries and benefits with their co-workers and friends. That means they can easily tell how your compensation system compares with that of other employers. It also means they can easily spot inequities in how you pay employees up and down your org chart. If they determine that wage gaps exist, don’t be surprised if they decide to sue you for discrimination.

Employers beware: Supreme Court could make it easier to sue for discrimination

01/02/2024
The U.S. Supreme Court recently held oral arguments in an employment law case that may make it much easier for employees to sue their employers. If a majority of the justices agree with an employee who claims her transfer was motivated by her employer’s discriminatory policies, the decision may also open the way for more lawsuits contesting employers’ diversity, equity and inclusion programs.

States considering tax incentives for employers that adopt four-day workweek

01/02/2024
Over the last few years, there’s been a lot of talk about the benefits and desirability of a four-day workweek. If that came to pass, it would fundamentally change a standard set in 1938, when the Fair Labor Standards Act established a 40-hour workweek as the norm for American workers.

Think creatively about how to comply with PUMP Act milk-expression requirements

12/20/2023
Many employers still struggle with how to provide the required breast-milk expression breaks required by the year-old Providing Urgent Maternal Protections for Nursing Mothers Act. PUMP Act compliance is especially challenging in unusual work environments. However, a recent lawsuit settlement involving an airline addresses best practices employers can adopt even in difficult circumstances.

Use blind résumé screening process to reduce liability for discrimination in hiring

12/20/2023
Every applicant you ever rejected could decide to sue for some form of discrimination. Make that less likely by using a blind screening process to sort through applications and résumés.

Post-Groff, a perfect illustration of religious accommodation

12/19/2023
If you’re going to claim an undue hardship to deny an employees’ religious accommodation request, you best have your Groff v. DeJoy ducks in a row … and by ducks, I mean empirical evidence of actual costs that substantially and negatively affect your entire business.

Help employees who are experiencing infertility and pregnancy loss

12/19/2023
There’s a good chance at least some of your employees may need accommodations as well as leave as they attempt to conceive, remain pregnant or deliver a child.

Holiday party triggers sexual hijinks? Beware harassment afterward

12/15/2023
Workplace romances or plain old carnal excess can have an adverse effect on the morale of other employees. For example, what happens when co-workers report out-of-control holiday hijinks to management? And what if the co-workers caught in flagrante delicto exact revenge on the tattletales? It just might amount to illegal retaliation.

House Republicans condemn overtime rule

12/11/2023
The title was a tip-off. When the U.S. House Subcommittee on Workforce Protections met to address the Department of Labor’s proposed overtime rule, the Nov. 29 hearing was titled “Bad for Business: DOL’s Proposed Overtime Rule.”