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Employment Law

Employee tests positive? How to notify staff

07/16/2020
Millions of Americans have tested positive for the coronavirus, so odds are that one or more of your employees will test positive in the coming months. But there is a smart (and legal) way to communicate this news to your employees.

The high cost of honoring customer bias: $568,500

07/09/2020
Discriminating because of a customer’s request is just as illegal as discrimination an employer dreamed up by itself. This is especially true for employment agencies that place workers in temporary assignments or recommend them for permanent placement.

Prepare for ADA suits driven by health fears

07/09/2020
Simultaneous health and financial crises have given us all plenty to fear. Surely you are doing your best to prove to employees that your workplace is safe. Most will be assured. However, a small subset of workers may remain paralyzed by safety concerns.

Supreme Court rules for religious employers

07/09/2020
Two of the U.S. Supreme Court’s final decisions of the 2019-2020 term backed employers’ ability to invoke religion to exempt themselves from laws affecting employees and the workplace.

Spring regulatory agenda addresses contractor, wellness issues

07/07/2020
The Trump administration’s Spring 2020 Unified Agenda of Regulatory and Deregulatory Actions—released late, on June 30—spells out what it hopes to accomplish between now and the end of the year.

Inspect remote worksites to uncover hidden harassment

07/02/2020
Harassment—sexual and otherwise—often flourishes in remote work locations where there is little direct supervision. One of the best ways to rein it in: routine, unannounced workplace visits by HR.

How to discipline despite ‘protected’ activity

07/02/2020
Employees who know they are about to be disciplined sometimes think the best defense is going on offense, filing internal discrimination, harassment or whistleblower complaints. If you follow your usual disciplinary rules, treat the employee just like other similarly situated workers and keep detailed, dated records, it’s unlikely a court will find retaliation.

Beware suits from staff who know your shortcomings

06/25/2020
Widespread protests calling for an end to systemic racism have caught the attention of corporate America.

Pandemic workers’ comp waivers? A really bad idea

06/18/2020
A Nevada restaurant last month began requiring workers to sign a safety liability waiver before it allowed them to return to work after COVID-19.

No day camp…no problem: Paid FMLA leave may still apply

06/18/2020
According to the Department of Labor, paid FMLA leave isn’t available after schools close for the summer, because that’s not a coronavirus-related reason. But, up to 12 weeks of paid FMLA leave may be available, if camps or other programs in which employees’ kids were enrolled didn’t open due to the coronavirus.