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Employment Law

Biden’s DOL pick to bring pro-employee tilt

11/16/2020
The next Secretary of Labor will bring a pro-employee perspective to the U.S. Department of Labor. Almost all the contenders President-Elect Joe Biden is said to be considering for the job have close ties to labor unions.

Compelling need required to demand ‘perfect English’

11/12/2020
Ensure supervisors understand they can’t require employees to be fluent English speakers unless it’s essential to performing their jobs. Insisting on “perfect English” can easily trigger an EEOC lawsuit.

Review diversity training for EO compliance

11/12/2020
A Trump administration executive order banning federal agencies and contractors from offering many common kinds of diversity training programs is drawing fire—and legal challenges.

Online training time: DOL explains when to pay

11/12/2020
The U.S. Department of Labor has issued a new opinion letter that helps clarify when employers must pay workers for the time they spend undergoing training that is delivered online.

Multiple businesses? Keep corporate records straight

11/05/2020
Employees who sue for discrimination under Title VII must show that the employer has at least 15 employees. But what about businesses with common ownership that are separate corporate entities?

Lucas sworn in as EEOC’s newest commissioner

11/05/2020
Management-side employment lawyer Andrea R. Lucas has been sworn in as the fifth commissioner of the EEOC. Lucas, nominated by President Trump in March, was confirmed in September to serve a term expiring in 2025.

Unions seek binding OSHA coronavirus rules

11/05/2020
Unions have filed two lawsuits seeking to compel the Occupational Safety and Health Administration to develop mandatory pandemic-related workplace safety standards. OSHA is pushing back, maintaining that current safety standards and practices do enough to protect frontline workers.

What managers need to know about age discrimination

11/01/2020
At first glance, the federal Age Discrimination in Employment Act (ADEA) appears pretty straightforward: It protects people age 40 and older from employment discrimination based on their age. But the law isn’t as simple as it appears; it affects managers in everything from questions asked in job interviews to assigning job duties. Here’s a description […]

Inheriting workers? Review pay for past bias

10/29/2020
If you are adding employees from another company via a merger or acquisition, pay attention to an important pay discrimination problem. Before using your new employees’ previous compensation to set their pay, consider whether that could trigger an Equal Pay Act lawsuit.

NLRB clarifies obligations during pandemic

10/29/2020
Several recent cases before the National Labor Relations Board show that the National Labor Relations Act most definitely affects employer obligations during the coronavirus pandemic. Remember, the NLRA covers all employers, not just those that employ union members.