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Employment Law

EEOC guidance covers how covid affects ADA, other laws

06/18/2020
The EEOC has posted an updated and expanded technical assistance publication addressing questions arising under the federal equal employment opportunity laws related to the coronavirus pandemic.

Beware misclassifying covid-19 teleworkers

06/18/2020
The mass, covid-inspired migration from office work to telework has been surprisingly seamless for many employees and employers. But in some cases, the move has triggered wage-and-hour compliance problems that few would have anticipated.

Poll: Racism at work a problem—elsewhere

06/16/2020
How has your organization responded to the nationwide racial justice protests that exploded last month after the death of George Floyd? Here’s a snapshot, along with employees’ view of racism in the American workplace, based on a survey of 750 workers by marketing rating firm Clutch.

Employees can’t be fired because they are gay

06/16/2020
The U.S. Supreme Court ruled June 15 that discrimination based on an employee’s status as a gay or transgender person is prohibited by the sex discrimination provisions of Title VII of the Civil Rights Act.

Technicalities not the best bet to win FLSA lawsuits

06/14/2020
Employers can try to cite technicalities to get out of wage-and-hour liability, but they may run into trouble when they go up against real nit-picking experts: the federal government.

You, not employee, choose accommodation

06/11/2020
Some disabled employees couch their ideas about the accommodations they want as demands, not suggestions. That’s when it pays to remember: The employer, not the employee, gets to choose the reasonable accommodation.

Most think workplace racism is a problem—elsewhere

06/11/2020
Three-quarters of American workers (76%) think racism and discrimination is an issue at workplaces in the U.S., but only 44% think it’s an issue at their own workplace, according to a new survey by Clutch, a service that matches B2B suppliers and clients.

Texas firm pays to settle discrimination charges

06/04/2020
A Texas company has paid a seven-figure sum to settle an EEOC lawsuit that accused managers of “pervasive use of racial slurs” and “circulating racist social media posts.”

Always review supervisors’ firing recommendations

06/04/2020
HR should insist on reviewing every discharge decision before it is carried out. Thoroughly analyze past discipline to ensure consistency and fairness. It’s the best way to prevent a biased manager from triggering a losing lawsuit.

You make the FMLA ‘healthcare provider’ call

06/04/2020
When an employee wants FMLA leave, you don’t have to take her word for it that she has a serious health condition. You may insist on a certification that she is undergoing “continuing treatment by a health care provider.”