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Employment Law

It’s up to HR to foster workplace civility

12/03/2020
American society is as polarized as it has been in decades. We have just completed a bitterly divisive election. Public discourse and even private conversations are angry. That same coarseness can permeate the workplace unless employers intervene. But employers must be careful not to chill protected speech when they try to enforce civility.

Red flag! 1 boss, many harassment complaints

12/03/2020
If more than one employee complains about a supervisor’s alleged harassment, it’s time to take a close look. Investigate ASAP. When you have a serial harasser on your hands, the problem will grow worse unless you intervene.

Biden plans to limit noncompetes, ban no-poaching agreements

12/01/2020
Biden campaign documents say he will support nationwide legislation to eliminate all noncompete agreements except those that are “absolutely necessary to protect a narrowly defined category of trade secrets.”

Class-action claims bias in coronavirus response

11/25/2020
As the coronavirus continues to wreak havoc in workplaces, a trickle of lawsuits that began in the spring has turned into a raging torrent. Lawyers are finding novel ways to litigate safety decisions employers made months ago, before the impact of the virus was as well understood as it is now.

Think twice before Googling for medical info

11/25/2020
It is legally risky to run an internet search to find out more about job applicants, especially if you are looking for information about a medical condition. It’s too easy to find information that should play no role in the hiring process.

JPMorgan Chase to pay $9.8 mil for pay bias

11/25/2020
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has been at the forefront of confronting pay disparities between men and women. Lately the OFCCP has been on a roll.

California’s Prop 22 redefines worker classification

11/24/2020
On Nov. 3, California voters approved a state ballot initiative that could become a nationwide model for how gig economy workers are classified. Proposition 22 allows gig economy companies such as Uber to designate their drivers as independent contractors, not employees, as earlier legislation had attempted to dictate.

FFCRA to expire Dec. 31: Will it be extended?

11/19/2020
When Congress passed the Families First Coronavirus Response Act in March, it set the law to expire on Dec. 31. The virus is still raging and Congress is now considering extending into 2021 the law.

Never base no-hire decision on workers’ comp history

11/19/2020
Refusing to hire a worker who has a history of workers’ compensation claims is asking for legal trouble. That could violate the workers’ comp laws in most states, and might be illegal under the ADA, too.

Expect pressure to relax grooming standards

11/19/2020
United Parcel Service, with 525,000 employees, just became one of the largest employers to embrace more relaxed grooming standards. The change comes as more locales enact laws based on model legislation known as the Creating a Respectful and Open Workplace for Natural Hair Act.