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Employment Law

Beware ad hoc accommodation approvals

12/13/2022
Every organization should have a well-delineated plan for approving reasonable accommodations. Don’t let direct supervisors make their accommodations casually. These ad hoc arrangements often become almost impossible to revoke later.

Snapshot: Down, down, down: Discrimination claims at EEOC drop

12/13/2022
In 2021, the EEOC received the lowest number of charges from workers in more than two decades—61,331, down 9.1% from 2020.

Microsoft gamers voting on company’s first U.S. union

12/13/2022
Three hundred quality assurance workers for a subsidiary of Microsoft are voting through December on whether to form a union.

Universities ban caste bias; a lawsuit follows

12/13/2022
Brown University has added caste discrimination to its nondiscrimination list, joining other universities that now include caste among protected categories such as race, religion, sex and gender identity.

DOL cracks down on child labor violations

12/09/2022
DOL investigators found 101 teenagers worked impermissible hours at multiple McDonald’s restaurants in Pittsburgh. The DOL fined the franchisee $57,332 for violations of child labor laws at the 13 McDonald’s locations the husband and wife operated.

Submit your comments: Independent contractor or employee?

12/09/2022
Speak now! The classification (or misclassification) of workers as contractors or employees has been bedeviling employers and courts for some time. The DOL wants to revise the rule under the Fair Labor Standards Act and seeks comments from the public until 11:59 p.m. on Dec. 13, 2022.

Supreme Court hears employer’s free speech versus anti-discrimination case

12/09/2022
The U.S. Supreme Court recently heard oral arguments in a case that pitted a state’s anti-discrimination law against the free speech rights of a business offering its services to the public. The Court will answer whether a business can discriminate against gay customers by refusing services based on the business owner’s religious beliefs.

Ask these questions to determine what’s an essential function

12/07/2022
Whether employers must provide a reasonable accommodation depends on whether a proposed accommodation allows the disabled employee to perform the essential functions of their job. If no accommodation is possible, the employee isn’t qualified and, therefore, not protected under the ADA. You don’t have to hire or retain him.

Bill would ban caregiver discrimination

12/06/2022
The Protecting Family Caregivers from Discrimination Act would prohibit employers from firing, demoting, mistreating, refusing to hire or taking other adverse employment action against workers who are caregivers for their loved ones.

Avoid expensive pregnancy bias mistakes

12/06/2022
Give up your seat on a train or bus to a pregnant or disabled person—please do so. Provide reasonable accommodations for pregnant or disabled people at work—in these instances, you better comply. In the case of Circle K, the penalty was $8 million.