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Employment Law

Excuse nonbelievers from prayer at work

07/05/2022
The EEOC is suing a North Carolina residential construction and renovation company for violating Title VII of the Civil Rights Act when it required employees to attend prayer sessions at work.

Learn from Google’s $118 million pay-equity lesson

06/30/2022
Many employers regularly conduct equity studies to make sure their pay policies don’t discriminate based on gender, race or other protected characteristics. It’s considered a best practice to outsource those studies in order to blunt criticism that an internal review wasn’t thorough or accurate.

New overtime rules due in October, likely raising salary threshold to $50K

06/28/2022
According to the Biden administration’s regulatory agenda, released June 21, the DOL’s Wage and Hour Division plans to float a notice of proposed rulemaking concerning executive, administrative and professional exemptions from the Fair Labor Standards Act’s minimum wage and overtime requirements.

Don’t cyber-spy on employees’ union discussions

06/24/2022
Federal labor law makes it unlawful for employers to “do something out of the ordinary” to observe employees’ union organizing activities. That includes surveilling employees’ online activities.

Investigate harassment no matter who is implicated

06/24/2022
The EEOC does not tolerate employers that ignore sexual harassment by senior leaders. You must immediately investigate such allegations, employing neutral outside investigators if possible.

Heads up, California employers: Supreme Court limits PAGA

06/21/2022
The Supreme Court rules: Federal Arbitration Act takes precedence when claims allege violations of a California’s PAGA law.

How to legally navigate employees’ requests to work remotely

06/16/2022
After roughly two years of isolation, employers are summoning employees back to the office. Not all employees are thrilled, which means many employers are facing resistance from employees who have grown accustomed to remote work.

Is your noncompete killing a fly with a sledgehammer?

06/16/2022
Use discretion and common sense. Narrowly tailor your restrictive covenant agreements to the specific interests you are trying to protect.

Consider writing FMLA ‘script’ for supervisors

06/16/2022
The FMLA has a built-in punishment for employers that discourage workers from taking FMLA leave. Those workers can sue for interference with their FMLA rights even if they were never denied time off. All it takes is for a supervisor to informally warn a subordinate that asking for FMLA leave could have workplace consequences.

Heed this $42 million wage-and-hour lesson

06/16/2022
If you are a mid-sized to large employer, making even basic wage-and-hour mistakes can be massively expensive. To make matters worse, the Fair Labor Standards Act authorizes courts to double what’s due to punish employers for mistakes. So do most state wage-and-hour laws.