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Employment Law

Alcoholism: Be prepared to accommodate it under both the ADA and the FMLA

02/16/2023
Responding to the latest federal Behavioral Risk Factor Surveillance System survey, more than half of U.S. adults reported drinking alcohol in the previous 30 days. One study placed the overall cost of alcohol abuse at more than $249 billion per year. The Centers for Disease Control and Prevention says employers bear 72% of that cost because of lost productivity.

Offer equal access to high-quality training

02/16/2023
A federal appeals court has ruled that unequal or inadequate training may be an adverse employment action that can justify a discrimination lawsuit—just like demotion, failure to promote and termination.

Consider single process for accommodations

02/16/2023
Now might be the right time to standardize your processes for handling reasonable accommodations. Two new laws requiring accommodations just went on the books.

Decided to terminate? Don’t wait to act

02/13/2023
Once you have made the decision to fire a worker, try to carry out the firing promptly. Delaying can backfire. If you must wait, write a memo memorializing when and why you made the discharge decision. That documentation can help you later if the terminated worker files a lawsuit.

DOL: Fresh guidance on remote worker rights, FMLA vs. ADA

02/10/2023
The Labor Department’s Wage and Hour Division on Feb. 9 issued two new guidance documents affecting employers with remote workers and FMLA-eligible employees who must work reduced schedules to manage their serious health conditions.

Long COVID may affect 7% of infected employees

02/07/2023
A study by the Workers Compensation Research Institute found that, while long-COVID prevalence was highest among workers who were hospitalized during an acute stage of disease, even some workers who needed limited medical care following infection developed long-COVID symptoms.

EEOC launches offensive against AI at work

02/07/2023
For years, artificial intelligence has been the next big thing, touted as the technology poised to transform how all kinds of business processes are conceived, developed and performed. Now, what was once a tantalizing promise seems on the verge of becoming a revolutionary reality.

Accommodate hairstyles based on religious beliefs

02/03/2023
Discrimination lawsuits involving hairstyles are all the rage—as are new laws and regulations protecting natural and ethnic hairstyles.

DOL never forgets: Slaps millions in penalties on repeat wage offender

02/03/2023
A commercial painting contractor in Las Vegas must have thought federal investigators would forget about his history of stiffing employees. He was wrong.

Survey: More employers taking action on pay equity

01/31/2023
WorldatWork’s latest Pay Equity Study found that 70% of organizations were taking action on pay equity in 2022, a 10% increase since 2019 and a 4% increase over 2021.