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Employment Law

Ban numerical goals, quotas from efforts to diversify

10/15/2024
Studies show that employers with diverse workforces outperform homogenous organizations on such important measures as innovation, revenue and profitability. However, employers intent on fostering diversity must do it in a way that doesn’t discriminate against any specific group of applicants or employees.

Judge enjoins NLRB in-house trial over constitutional challenge

10/10/2024
The Supreme Court ruled that agency trials conducted by administrative law judges appointed by the agency violated the constitutional right to trial by jury. Since then, some employers have questioned the process that agencies like the NLRB use when charging employers with violating laws including the NLRA.

Disciplining for harassment? Ensure it’s even-handed

10/10/2024
When disciplining workers for harassing co-workers, make sure the punishment isn’t disproportionate and that you can show similarly situated workers were punished the same way.

Suspect FMLA abuse? Document suspicion

10/10/2024
If you think an employee has abused FMLA leave, documentation is crucial. For example, if medical certifications doubt whether the time taken is legitimate, save that documentation before you take disciplinary action.

Employers embrace pay transparency

10/10/2024
New laws in a growing number of jurisdictions now require some form of pay transparency from employers. The House of Representatives has introduced the Pay Transparency Act, which would amend the FLSA.

Modify ADA process in unique scenarios

10/10/2024
The ADA requires employers to reasonably accommodate disabilities—if the employee asks. But what if the employee is intellectually challenged and doesn’t understand they must initiate the ADA process?

Accommodate employees with gender dysphoria

10/07/2024
Although gender dysphoria affects relatively few people, it can have a profound impact on those who do have the condition. It can be accompanied by anxiety, depression, eating disorders and substance abuse.

Never count FMLA leave against employees when tallying attendance

10/04/2024
Under the FMLA, employees who take leave for a covered reason are not supposed to be penalized for doing so. The FMLA is an entitlement statute, meaning employees who qualify for FMLA leave must receive it with no penalty. That means employers need to ensure that FMLA time off isn’t counted against the employee at evaluation time, when planning a layoff or calculating a performance bonus and so on.

Learn from EEOC’s first PWFA lawsuit: Accommodate pregnancy differently than disabilities

10/04/2024
The EEOC has filed its first lawsuit alleging violations of the Pregnant Workers Fairness Act. Court papers outline a litany of mistakes employers make when pregnant employees ask for reasonable accommodations.

Gender wage gap widened for first time in two decades

09/30/2024
According to a recent Census Bureau report, working men earned a median $66,790 in 2023, a 3% change from 2022. Wages for working women increased by half as much.