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Employment Law

Use blind résumé screening process to reduce liability for discrimination in hiring

Every applicant you ever rejected could decide to sue for some form of discrimination. Make that less likely by using a blind screening process to sort through applications and résumés.

Post-Groff, a perfect illustration of religious accommodation

If you’re going to claim an undue hardship to deny an employees’ religious accommodation request, you best have your Groff v. DeJoy ducks in a row … and by ducks, I mean empirical evidence of actual costs that substantially and negatively affect your entire business.

Help employees who are experiencing infertility and pregnancy loss

There’s a good chance at least some of your employees may need accommodations as well as leave as they attempt to conceive, remain pregnant or deliver a child.

Holiday party triggers sexual hijinks? Beware harassment afterward

Workplace romances or plain old carnal excess can have an adverse effect on the morale of other employees. For example, what happens when co-workers report out-of-control holiday hijinks to management? And what if the co-workers caught in flagrante delicto exact revenge on the tattletales? It just might amount to illegal retaliation.

House Republicans condemn overtime rule

The title was a tip-off. When the U.S. House Subcommittee on Workforce Protections met to address the Department of Labor’s proposed overtime rule, the Nov. 29 hearing was titled “Bad for Business: DOL’s Proposed Overtime Rule.”

New OT rule to be finalized in April

If enacted, the rule would raise the white-collar overtime salary threshold to $55,068 per year, up from the current level of $35,568. An April 1 date for publishing the final rule would push back implementation until June at the earliest.

Wage & hour: Heed DOL’s $12 million warning to the hospitality industry

The Department of Labor has been targeting restaurants and other hospitality-industry employers for aggressive enforcement of the Fair Labor Standards Act. It has issued fines and penalties and ordered restaurants to shut down until they pay up. That’s a powerful incentive for employers to settle lawsuits.

When high-level harassment erupts, act fast to prevent even worse legal trouble

Here’s a cautionary tale that offers an inevitable lesson: When a supervisor’s harassment spills out into the greater workplace, the claims will grow exponentially.

Lock her up! Defy DOL investigators, go to jail

A federal court has ordered the owner of a Michigan senior home-care services company to go to prison if she continues to ignore a March 2023 order to provide U.S. Department of Labor investigators with time and pay records.

ADA: Unpaid leave can be reasonable accommodation

The ADA requires employers and disabled employees to engage in an “interactive process” to explore possible accommodations that will enable the employee to perform a job’s essential functions. Then, the employer can pick the reasonable accommodation it prefers. But what if the employer chooses to place the employee on unpaid leave until a temporary flare-up of a disabling condition subsides?