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Employment Law

Grant request for religious accommodation if at all possible

02/20/2024
Since the Supreme Court’s landmark religious accommodation decision in Groff v. DeJoy last June, the number of federal lawsuits alleging religious discrimination has increased. The litigation signals a major shift—and the need for employers to adopt a new way of thinking about religious accommodations.

Access to Personnel Files: 50 State Laws

02/16/2024
No federal law grants employees the right to inspect their personnel files. However, many states do give employees that right and spell out the terms under which employees are allowed to inspect their files. Here’s a state-by-state list of laws governing access to personnel files.

How to Wipe Out Fraud and Abuse Under FMLA

02/16/2024
The medical certification process is your most potent weapon for combating potential FMLA fraud. But obtaining a certification is only the first fraud-stopping step. Here are 10 more things you can do to keep employees from gaming the FMLA system.

Can you rein in political speech at work?

02/16/2024
Most employers would prefer employees focus on work and not the state of the world when they are on the clock. So how can you quell political arguments in the workplace? You must balance employees’ interest in speaking freely with your interest in maintaining order and productivity:

A DEI smackdown: Good intentions vs. the law

02/14/2024
In the blue corner, from the Big D, the former owner of the Dallas Mavericks basketball team and serial entrepreneur Mark Cuban. And in the red corner, hailing from our nation’s capital, EEOC Commissioner Andrea Lucas.

Worried about worker misclassification? Use this form to certify contractor status

02/14/2024
It’s crucial for organizations that use independent contractors to get the classification right. Are they really independent contractors or should they be classified as employees instead? Incorrectly classify a worker and you are sure to face the wrath of an array of federal and state regulators.

Know the ABCs of state worker classification

02/14/2024
The Department of Labor’s employee/contractor rule covers worker classification for the purpose of deciding federal cases. However, states are free to set their own standards, and most do. By far the most common test—often used to determine whether a worker is eligible for unemployment benefits—is what is known as the ABC test.

EEOC discrimination lawsuits jumped sharply in FY 2023

02/12/2024
The EEOC filed 144 lawsuits accusing employers of having a “pattern and practice” of discrimination in fiscal year 2023, a sharp increase from the 97 suits brought in FY 2022.

DOL orders extra helpings of damages against restaurants

02/12/2024
The Depart of Labor is cracking down hard on restaurants that cheat workers out of tips and otherwise fail to pay them properly. On Feb. 7 alone, the DOL announced it had recovered more than $850,000 from eateries in Florida, Hawaii and Oregon.

An old law newly revived: Be alert for Section 1981 suits

02/12/2024
A law written more than 150 years ago has gained new favor among employees suing for discrimination—and by conservative activists who want to shut down corporate diversity initiatives.