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Employment Law

From retired to rehired: Beware liability risks

05/24/2022
The recently “unretired” are more likely than younger workers to trigger Age Discrimination in Employment Act complaints in both the short term and in the future if they wind up losing their jobs in an economic downturn. Let’s look at the risks and how to mitigate them.

The wage-and-hour risks of rounding time

05/19/2022
The DOL says employers should discourage “major discrepancies” between “clock records and actual hours worked.” In other words, frequent and repeated rounding could call into question the accuracy of an employer’s overall time records. So what’s an employer to do?

The case of the $79,000 rubber gloves

05/19/2022
When a dairy worker learned she was allergic to rubber and plastics, she asked to wear different gloves at work. The company said “no,” forced her to leave work when she had allergic flare-ups, then fired her for too many absences.

EEOC lawsuit alleges discriminatory AI screening

05/19/2022
Using software based on artificial intelligence and other algorithm systems has helped streamline the hiring process at many companies. Those programs are often touted as a way to keep bias from tainting the hiring process. But recent guidance from the EEOC and Department of Justice says AI can sometimes lead to more discrimination, not less.

Federal contractor? Beware OFCCP audits

05/19/2022
When a company signs a contract to perform work for the federal government, it agrees that the Department of Labor’s Office of Federal Contract Compliance Programs can conduct routine audits of its labor practices. Those audits can be far-reaching—and if some form of discrimination is uncovered, the DOL is empowered to bring charges.

EEOC, DOJ warn about AI and disability bias

05/17/2022
The EEOC and the Civil Rights Division of the U.S. Department of Justice have released guidance on how employers can avoid discriminating against disabled applicants and employees when using artificial intelligence software or other algorithmic tools to make HR decisions.

Investigate suspected FMLA intermittent leave abuse

05/12/2022
Dishonest employees often abuse their right to take intermittent FMLA leave. Fortunately, courts grant employers broad leeway to investigate suspicious absences.

Outsource probe into high-level harassment

05/12/2022
HR pros face a quandary when an organization’s owner, CEO or other senior executive is accused of harassment. Either investigate and risk losing your job, or bury the complaint and lose your integrity. The solution: Engage an outsider such as an attorney to investigate the allegations and determine how to address them.

Supreme Court to hear FLSA case this fall

05/12/2022
When the Supreme Court considers an upcoming employment law case this fall, the outcome may rest on how narrowly Congress drafted the Fair Labor Standards Act.

All the ways losing a bias case can cost you

05/12/2022
It can be frightening to hear an employee has filed an EEOC complaint or launched a federal lawsuit. Headlines emphasizing multimillion-dollar jury verdicts don’t help. Here’s what’s at stake should an employee win a discrimination lawsuit.