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Employment Law

Respond to shifting burdens of proof in discrimination lawsuits

03/06/2023
Over the years, the Supreme Court has developed a framework for testing whether an employer’s actions are evidence of discrimination or the result of legitimate business practices. The test is often referred to as the McDonnell-Douglas burden-shifting test.

Feds announce major crackdown on child labor

03/03/2023
The U.S. Department of Labor and the Department of Health and Human Services on Feb. 27 announced a new interagency effort to combat child labor and exploitation. One of the primary tactics they will use: strict enforcement of employer compliance with the rules for completing I-9 forms.

Be prepared to explain pay disparities

02/27/2023
It’s fine to pay some workers more than others. The key is understanding the federal Equal Pay Act and its state equivalents.

Think twice before closing down to stop union organizing

02/27/2023
Employers that fear the spread of union-organizing efforts might be tempted to shut down the location that first votes in favor of union representation. That strategy can backfire. The shutdown is sure to prompt employees to file unfair labor practices charges with the National Labor Relations Board, which is quite likely to order the employer to reopen.

Case of the Week: No nondisparagement and confidentiality clauses in separation agreements

02/24/2023
The National Labor Relations Board on Feb. 21 said it’s unlawful to include nondisparagement and confidentiality provisions in the severance agreements employers often ask laid-off employees to sign.

Poll: More than half of workers over the age of 40 have experienced discrimination

02/23/2023
Age bias is alive and well in the workplace 56 years after enactment of the Age Discrimination in Employment Act, according to a new survey conducted by Moneyzine.com.

How to handle long COVID under ADA, FMLA

02/23/2023
A new study from New York’s largest workers’ comp carrier says long COVID contributes significantly to current labor shortages and harms productivity.

Florida man: DOL sets sights on Sunshine State employers

02/21/2023
Feb. 16 was a bad day for Florida employers that recently ran afoul of the Department of Labor. On just that one day, the DOL announced fines and recoveries worth almost $400,000.

Beware the latest HR legal danger: Stockholder lawsuits

02/21/2023
There’s a new HR danger out there: Shareholders can now sue corporate officers—including the professionals who head up HR departments—for breach of fiduciary duty.

Read the EEOC’s new rules on hearing disabilities

02/21/2023
The EEOC has issued new technical assistance for employers on accommodating applicants and employees with hearing disabilities. It’s timely guidance; the EEOC has filed or settled several cases involving deafness in the past year alone.