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Employment Law

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.

DOL withdraws Trump-era independent contractor rule

05/06/2021
The Department of Labor has withdrawn a rule issued Jan. 6 in the waning days of the Trump administration that critics say would have denied gig workers eligibility for minimum-wage and overtime pay under the Fair Labor Standards Act.

Check contractor pacts for misclassification errors

04/29/2021
The Department of Labor has launched a campaign to root out unlawful misclassification of employees as independent contractors.

Tamp down rumor-mongering about affairs

04/29/2021
Most sexual harassment lawsuits involve employees claiming a supervisor or co-worker tried to coerce them into having sex or created a hostile environment with sexual jokes, images or personal questions. But there’s another form of hostile-environment harassment that can trigger lawsuits: spreading rumors that someone was hired or promoted for having a sexual relationship with a decisionmaker.

Do you use one of these passwords to secure data?

04/29/2021
HR professionals use “shockingly weak” passwords to unlock their online accounts, according to research by NordPass, which publishes password management software.

Should you remove ‘he’ & ‘she’ from handbook?

04/22/2021
As more employers take steps to make nonbinary individuals feel more comfortable in the workplace, some organization are working to create gender-neutral employee policies and handbooks.

EEOC updates guidance on religious discrimination, accommodations

04/22/2021
For the first time since 2008, the EEOC has updated its guidance on enforcement of Title VII religious discrimination cases. The new guidance reflects conclusions drawn from recent EEOC litigation, as well as its current thinking on accommodating religious beliefs and practices.

Injury? Offer FMLA, not just workers’ comp

04/22/2021
The workers’ compensation system typically covers workplace injuries, but the FMLA may also apply. If someone is hurt at work, be prepared to notify the employee of her FMLA rights.