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Employment Law

COVID litigation: What HR can learn from the first wave of lawsuits

05/21/2021
Since the COVID pandemic struck last March, courts have been flooded with lawsuits. These lawsuits come in a wide variety of flavors, with each offering important lessons for employers who want to avoid becoming the next target. Here are some of the top litigation triggers to help you revamp your pandemic response.

COVID anxiety: What if workers don’t want to return?

05/21/2021
What do you do with an employee who insists on working from home after you recall people to in-person work?

With new COVID laws & increased scrutiny, now’s the time to rewrite your PTO policy

05/21/2021
With an increased focus on employee leave in the public eye and new pandemic-related laws, companies with outdated paid time off policies could find themselves in messy legal situations. That makes now a good time to review and rewrite your PTO policies. Here are some issues to consider.

Disability bias: Prepare to pay huge damage awards

05/20/2021
The ADA does more than entitle disabled employees to accommodations that help them perform their jobs. It also protects them against discrimination based on their disability. Juries are more than willing to make employers pay for blatant disability discrimination.

Ongoing telework brings legal complexities

05/20/2021
Remote work is likely to continue long after the coronavirus crisis subsides. As you contemplate what post-pandemic work will look like, it’s important to recognize the complications inherent to permanent telework arrangements. Factor them into your decision making when setting new policies on remote work and hiring.

Beware ‘no-poach’ pacts with competitors

05/20/2021
Recruiting new employees is difficult these days, making it more important than ever to retain the staff you already have. Just make sure your retention efforts don’t cross the line into collusion with other employers.

$44 million to settle age-discrimination case

05/20/2021
The Federal Aviation Administration just settled a long-running age-discrimination case involving outsourcing and lost pensions. The suit, which began in 2005, is a cautionary tale about the high cost of discrimination and the drawn-out litigation that often ensues.

You must accommodate disabled job applicants

05/13/2021
The ADA requires employers to offer reasonable accommodations for disabled individuals at every step of the employment relationship, including during the job application process. Be especially aware of this if you use an online system that screens applicants and then automatically invites qualified candidates to come in for an interview.

Pay equity group alleges tip credit perpetuates racism

05/06/2021
Many tipped workers wind up earning far more than the $7.25 minimum when tippers are generous. But some patrons are cheapskates (or worse) who may tip far less because they harbor racist views. That problem is the basis of a recent lawsuit.

Consider telework as ADA accommodation

05/06/2021
For almost two decades, the EEOC has urged employers to offer remote work as a possible ADA accommodation. It’s relatively easy to do, especially if you already allow employees who are not disabled to telecommute.