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Employment Law

Highly paid contractors may be FLSA HCEs

06/17/2021
One of the biggest risks of using independent contractors is the possibility they could challenge their status and argue they should be classified as employees. But there is a way to avoid that litigation risk: Pay those independent contractors enough so they would otherwise be classified as highly compensated employees under the FLSA.

HR pros gain broad Title VII protection

06/17/2021
A recent federal appeals court decision may be good news for HR pros and bad news for employers that think they can get away with retaliation if they try to quash discrimination investigations.

Same-sex harassment may include nonsexual behavior

06/10/2021
Don’t ignore a sexual harassment complaint just because the workplace consists of members of a single sex and there’s no claim that the harasser was seeking sexual favors.

HR can help prevent ransomware hacks

06/10/2021
The cost of recovering from a ransomware attack has more than doubled in the last year, according to leading cybersecurity provider Sophos. HR is one of many functions that have a role to play in anticipating and preventing ransomware hacks.

Lawsuit claims retaliation for raising coronavirus concerns

06/10/2021
The U.S. Department of Labor is suing a New York City community health center and its CEO after they suspended and later fired an employee who reported coronavirus-related safety hazards.

Fewer than 50 employees? FMLA could apply to you anyway

06/08/2021
The FMLA provides job-protected, unpaid leave for employees who meet eligibility requirements. Eligibility depends on whether the employer is large enough to be covered by the law—with 50 or more employees. But there is another way an employer that isn’t big enough can be trapped into having to provide coverage.

Monitor all facilities for racist harassment

06/03/2021
It’s hard to monitor everything that goes on when your company has far-flung operations, but it’s essential to keep tabs on—and put a stop to—conduct that could trigger a costly lawsuit. Two joint employers recently learned that lesson the hard way and will pay $2 million for their mistake.

Biden administration pro-union tilt has begun

06/03/2021
The Trump administration took a generally pro-employer stance on labor-relations issues. Months into President Biden’s term, it is clear that is changing.

Half have experienced or seen race bias at work

06/01/2021
Nearly 50% of employees surveyed said they have been a victim of race discrimination at work or witnessed it during the past 12 months, according to a Harris poll taken in May on the anniversary of George Floyd’s murder.

Supreme Court won’t hear racial slur case

06/01/2021
Can employers be liable for the single use of an offensive word? A disgruntled employee wanted the U.S. Supreme Court to rule on that question, but justices on May 17 declined to take his case.