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Employment Law

Document all accommodation conversations

04/14/2022
Here’s the best way to prevent (or win) a lawsuit claiming you failed to follow the ADA’s interactive accommodations rules: Document every conversation, email, text or phone call related to disability accommodations. Create a chronological log showing what the employee requested, when and how you responded.

Don’t suggest retirement in lieu of discipline

04/14/2022
Take care when disciplining older workers. You could be falsely accused of age discrimination if you end up firing the employee. Even a well-intentioned suggestion that the employee may want to retire rather than face termination can be a huge mistake.

Lessons learned from Amazon’s big union loss

04/14/2022
The big labor story of the year is that e-commerce giant Amazon has lost its multimillion-dollar fight to remain union-free. How Amazon lost that election carries lessons for employers eager to avoid a similar fate.

Busy six months for NLRB, handling more petitions, ULP charges

04/12/2022
Between October 2021 and March 2022, the National Labor Relations Board processed 57% more union representation petitions than it did a year earlier.

Trainee or pro? Legal lessons from the minors

04/07/2022
Baseball is back now that the pandemic is largely in the rear view mirror and Major League Baseball owners and the Major League Baseball Players Association have signed a new collective bargaining agreement. But not every baseball-related labor dispute has been resolved. Down in the minor leagues, a players’ lawsuit could upend decades of pay practices.

Beware suits claiming Section 1981 violations

04/07/2022
Employees are limited in the amount of damages for emotional distress or mental anguish they can collect if they sue under Title VII of the Civil Rights Act of 1964. However, clever attorneys have found a way around these caps when bringing race and ethnicity discrimination cases.

EEOC charges drop again, sink to 24-year low

04/05/2022
EEOC discrimination charges fell again in fiscal year 2021, continuing a 10-year decline. With 61,331 charges filed, FY 2021 saw about 6,000 fewer complaints alleging some form of bias, retaliation or harassment than in FY 2020.

Take these basic steps to protect against cyber-attacks

03/31/2022
As the war in Ukraine continues, the White House is warning Americans about the danger of Russian-sponsored cyber-attacks designed to disrupt business in the United States. Follow these steps to ensure you’re protected against Russian cyber-sabotage.

Act fast to lessen liability for racial harassment

03/31/2022
As distasteful as bigoted speech may be, an employee’s single use of a racial slur isn’t always grounds for a successful harassment lawsuit—if the employer swiftly punishes the offending employee and it doesn’t happen again.

Heed NLRA rules when discouraging unions

03/31/2022
Organized labor is on a roll, with union elections making news everywhere from Amazon warehouses to John Deere factories to Starbucks coffee houses. The trend has employers wondering what they can do to thwart union organizing activities.