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Employment Law

Prepare to notify current and past employees about FTC’s pending noncompete ban

08/19/2024
The Federal Trade Commission’s rule banning noncompete agreements is set to take effect Wednesday, Sept. 4. In addition to forbidding employers from enforcing existing noncompete agreements and requiring employees to sign new ones, the rule says employers must notify current and past employees who have signed noncompete agreements about the ban. Plan now to comply with the notification requirement—even though the rule may never go into effect.

Accommodate employees with eating disorders

08/14/2024
According to a study published by the Harvard School of Public Health, 9% of Americans will eventually have an eating disorder. The study calculated that eating disorders cost $48.6 billion in lost productivity each year due to missed work and compromised job performance.

Million-dollar mistake: Nonprofit employing disabled workers zapped for disability bias

08/14/2024
One would assume that a nonprofit company created to employ disabled workers would be up on anti-disability discrimination rules. Alas, no, if a recent EEOC settlement is any indication.

Understanding internalized gender and racial bias in feedback

08/14/2024
Recent data analysis from Textio, a company that says it was built to help companies hire and develop remarkable teams, highlights a critical issue in the workplace: the internalization of gender and racial bias in performance feedback. These biases significantly impact how feedback is perceived and processed by employees, affecting their performance, morale and even career progression.

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.