Employment Law

Here’s what the EEOC’s lawyers are focusing on this year

08/12/2024

Despite the looming election and Supreme Court decisions that could eventually curtail the influence of federal agencies, the EEOC continues to push an aggressively pro-employee agenda, and it’s committed to filing lawsuits against employers that violate anti-discrimination and anti-harassment laws.

HR pros: Courts will hold you to the highest standards

08/12/2024

The ethics of our profession require HR practitioners and leaders to behave in ways that are beyond reproach when it comes to carrying out HR duties and in their personal conduct at work. That’s especially true when it comes to administering anti-bias and anti-harassment policies. When those who are supposed to guarantee a bias-free work environment are the source of bias and harassment, that is a potent source of legal risk.

You don’t have to be an EEOC mind reader: When it comes to harassment, rely on latest guidance

08/09/2024

In April, the EEOC released Enforcement Guidance on Harassment in the Workplace, a comprehensive online resource a commission statement said was intended to help “employers in creating respectful workplaces.” As a practical matter, the guidance created a one-stop resource employers can use to update their harassment rules, addressing all forms of harassment covered by Title VII of the Civil Rights Act.

Empower supervisors to accommodate pregnant subordinates

08/09/2024

The Pregnant Workers Fairness Act requires employers to reasonably accommodate pregnancy-related conditions. Recently issued EEOC guidance on the PWFA makes it clear that employers need to empower first-line supervisors to make many of those accommodations on the spot with little or no documentation. A recent case highlights why it’s essential to delegate PWFA accommodations authority to front-line managers and supervisors.

DOL wage-theft trial ends in $38.8 million judgment against Pennsylvania nursing homes

08/05/2024

In one of the nation’s largest-ever wage-recovery judgments, a federal court in Pennsylvania has awarded $35.8 million in overtime back wages and liquidated damages to 6,000 current and former workers employed by the operators of 15 nursing homes and assisted-living facilities in western Pennsylvania that willfully denied them overtime pay.

ADA: Remote work isn’t always a reasonable accommodation

08/02/2024

The ADA requires employers to try to find reasonable accommodations that enable disabled employees to perform the essential functions of their jobs. For many jobs, the option to work from home might be just the accommodation an employee needs. However, that’s not automatic.

Beware relying solely on AI to screen job applicants

08/02/2024

Employers looking to hire staff increasingly turn to artificial intelligence programs to help them screen candidates. A recent case shows the perils of automated systems and the inherent risk some pose.

Judge declines to block FTC noncompete ban, setting up potentially protracted legal fight

07/29/2024

ATS Tree Services asked Judge Kelley Hodge of the U.S. District Court for the Eastern District of Pennsylvania to issue a preliminary injunction blocking the rule.

FMLA, ADA and attendance: Consider health problems before firing for failing to call off

07/29/2024

Ordinarily, employers can require employees to notify their boss if they anticipate having to miss work. But there’s an exception for those times when the employee simply can’t make that call because of their disability or serious health condition. Always double-check and consider the circumstances before making a final discipline or termination decision based on an employee’s failure to call.

Prepare to pay for time spent waiting to log in, sign off

07/26/2024

A federal appeals court recently reminded a lower court that the FLSA requires paying hourly workers for all time spent working on their employer’s behalf—unless pre- and post-shift activities are so inconsequential that they constitute de minimis time.