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Employment Law

Warn bosses: Harassment can bring personal liability

Remind all supervisors that discriminating against employees or harassing them doesn’t just create liability for the company. It could become a big legal problem for them personally. Several federal laws and many more state laws make that possible.

Individually assess each disability claim

The ADA has been on the books for 30 years, but some employers still don’t understand one of the law’s basic requirements: They must conduct an individualized assessment every time an applicant or employee claims a disability.

Federal court invalidates some FFCRA regulations

On Aug. 3, a federal judge in New York’s Southern District invalidated some of the hastily drawn regulations implementing paid leave provisions of the Families First Coronavirus Response Act.

DOL issues new answers on pandemic leave, FLSA and FMLA

The Department of Labor has been busy updating employer advice on the interplay between the coronavirus pandemic and the paid leave provisions of the Families First Coronavirus Response Act, the Fair Labor Standards Act and the FMLA.

As pandemic spreads, so do lawsuits: 3 cases to watch

Because of the coronavirus pandemic, the chances that your organization will be hit with a lawsuit have risen sharply. There are already hundreds of covid-19 and coronavirus-related lawsuits percolating through state and federal courts.

DOL issues new FMLA forms, hints at changes

The U.S. Department of Labor has just updated its set of official FMLA notification and certification forms—and asked for more employer input, a request that suggests more form changes may soon be on the way.

Now more than ever, keep dress code neutral

With a potentially polarizing election looming, workplace conflict over politics seems almost inevitable. Employers should avoid fueling those battles. One flashpoint to beware: Dress codes that prescribe what employees must or must not wear at work, especially concerning political expression.

Religion must be accommodated, not trivialized

Remind all supervisors that unless a religious need unduly burdens business operations, they must accommodate employee beliefs.

Choosing applicants based on ‘it factor’: Is that job bias?

Here’s a $215,000 reminder that it’s always better to use objective, quantifiable measures in hiring, rather than relying on subjective factors.

If family member is ‘high risk,’ must you accommodate?

An employee [does not want to come into work/wants to work from home/wants a leave of absence] because he or she lives with someone who is at high risk for coronavirus complications. What do we do?