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Employment Law

EEOC expands protections for pregnant employees

08/14/2014
New EEOC guidance issued July 14 says that, under the Pregnancy Dis­­crimination Act, an em­­ployer must accommodate pregnant em­­ployees by offering work restrictions—such as light-duty work—if the employer accommodates nonpregnant employees with similar inabilities to work.

RIF that shows racial disparity spells trouble

08/14/2014
Sometimes, business conditions require companies to implement reductions in force. Before you put your HR seal of approval on who stays and who goes, be sure that hidden discrimination isn’t influencing the decisions.

Pregnancy unnecessary for pregnancy bias suit

08/14/2014
A woman doesn’t have to be pregnant to sue for discrimination under the Pregnancy Discrimination Act. Wait, what?

Issued: Proposed rules for reporting contractor compensation

08/13/2014
The Office of Federal Contract Compliance Programs has released proposed regulations for implementing a White House executive order requiring government contractors and subcontractors to provide summary data on their compensation practices to the Department of Labor.

Firefighter afraid of fire: Is that an ADA-covered disability?

08/12/2014
Lots of people have a fear of running into a burning building. But what if a professional firefighter has such a fear that prevents him from doing his job? Is such a fear considered an ADA-protected disability that must be accommodated by the employer?

Not every employee call to complaint hotline counts as ‘protected activity’

08/11/2014
Federal law makes it unlawful to retaliate against employees who voice harassment or discrimination claims. Generally, employees who call hotlines are protected because the call itself is “protected activity.” But that’s not always the case.

Need to change an employee’s duties? It’s smart to document the reasons why

08/08/2014

Employers have the right to manage their workforces in the most efficient way possible—as long as they don’t discriminate. As a practical matter, that means employers should be aware of potential lawsuits when making significant workplace changes, such as reducing the workforce or reassigning work. When taking such actions, be sure to document the economic reasons for the changes.

Timing is everything in FMLA retaliation cases

08/06/2014
Here’s a hypothetical situation that shows how important it is to be aware of the calendar when dealing with the FMLA.

Obama order requires contractors to disclose past labor violations

08/05/2014

President Obama has signed an executive order that will force companies seeking to do business with Uncle Sam to reveal whether they have violated any labor laws within the last three years. The order comes on the heels of other administration actions designed to compel federal contractors to adopt more worker-friendly policies.

NLRB shakes up joint-employer landscape

08/04/2014

The National Labor Relations Board’s lead attorney has determined that franchisors and franchisees—in this case, of the McDonald’s fast-food chain—can be named joint employers when workers file unfair labor practices charges. The decision could reverberate far beyond franchise businesses, aiding organized labor’s efforts to unionize low-wage workers and raise their pay.