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Employment Law

Get ready for more failure-to-promote suits

03/19/2020
The coming months look like they will bring hard economic times, which probably means we will see an increase in employee lawsuits. One unique risk to watch out for: failure-to-promote litigation.

Emergency law grants paid sick, FMLA leave

03/19/2020
Many employees affected by the coronavirus pandemic will be eligible for paid sick leave and some will be able to take paid FMLA leave under legislation signed into law March 18.

House passes coronavirus rescue bill

03/16/2020
Using expedited procedures, the House of Representatives passed the Families First Coronavirus Response Act (H.R. 6201) early March 14. The Senate is expected to pass a similar measure within days, and President Trump has said he will sign it into law.

Attendance essential, even for disabled employees

03/12/2020
Feel free to require regular attendance from all your employees, even those who are disabled. Simply missing work or refusing to follow rules for requesting time off can be grounds for firing.

Beware basing starting pay on past salary

03/12/2020
Think twice before using a new hire’s past compensation to set her new salary. According to a federal appeals court, that violates the Equal Pay Act.

DOL offers Q&As addressing coronavirus and FLSA, FMLA

03/12/2020
The Department of Labor’s Wage and Hour Division has released new guidance on how coronavirus and COVID-19 affect compliance with the Fair Labor Standards Act and the FMLA.

EEOC issues guidance on coronavirus & ADA

03/12/2020
The federal Centers for Disease Control and Prevention has already issued extensive guidance for employers on how to handle the coronavirus outbreak. The EEOC has issued its own guidance for employers grappling with how to deal with a potential pandemic while also complying with the ADA.

Snapshot: Litigation generates just 10% of EEOC penalties

03/10/2020
90% of the $386 million paid last year to private-sector victims of discrimination and harassment resulted from the EEOC’s settlement, conciliation and mediation efforts.

Consider all qualified disabled applicants

03/05/2020
Remind hiring managers that someone applying for a part-time, minimum-wage, low-skill job enjoys the same workplace rights as a professional applying for an executive position. That goes for disabled applicants, too.

Have manager who hired also do the firing

03/05/2020
Courts have long assumed that if the same manager hires an applicant and then fires that employee later, chances are he or she didn’t do so for discriminatory reasons. It simply doesn’t make sense—especially when the applicant’s protected status was obvious at the time she was hired.