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Employment Law

Prepare to comply: Final PWFA rules now in effect almost everywhere

06/21/2024
Final rules implementing the Pregnant Workers Fairness Act took effect June 18, with partial exceptions limited to employers in Louisiana and Mississippi, employers affiliated with the Catholic Church and state government agencies in Texas. That means almost all employers must now comply with the final PWFA rules.

Beware AI screening based on race, age and disability

06/20/2024
A class-action complaint filed earlier this year takes direct aim at the discriminatory practices inherent in AI tools. Workday, a human resource management service that provides applicant screening services as one of its capabilities, is accused of using machine-learning algorithms and artificial intelligence tools to screen out applicants who are African-American, disabled and/or over the age of 40.

What counts as retaliation? Almost anything

06/20/2024
Follow up with workers who report discrimination to make sure they’re not being punished.

Why HR needs to walk around high-risk work areas

06/20/2024
Because stopping harassment fast can limit liability, it’s crucial for HR professionals to walk around high-risk workplaces and provide training on sexual and other harassment to everyone, including employees and supervisors. Otherwise, you increase the risk of being sued, paying a settlement and having the EEOC perform the monitoring you should have been doing all along.

Why HR must preview all job postings

06/20/2024
Do you check your organization’s job postings for inaccurate, inappropriate or illegal language? If not, you’re opening your organization to legal battles.

Consider extra support for military members

06/20/2024
Two federal laws protect members of the armed services from discrimination and provide limited time off for service-related injuries, and it’s important to be well-versed in these regulations. Many companies are going further to show support for their military employees, offering extra benefits.

Payroll pro & con: To auto-deduct for meals or not

06/20/2024
The reasoning behind auto-deducting meal breaks is simple: Employees no longer need to think about it and you no longer have to deal with those who forget to clock in and out. In theory, auto-deducting eliminates wage overpayments and faulty regular rate and overtime calculations. But there are issues you need to resolve before you buy into auto-deductions.

He said, they said: No records puts employer in a messy place

06/20/2024
Lawsuits for unpaid overtime aren’t always so cut-and-dried. They can come in layers, with each layer costing you more. The 5th Circuit ruled that an employer could be liable for unpaid overtime if it misclassified workers as independent contractors, even though the workers had scant evidence of their unpaid overtime.

Court rejects PWFA challenge, rules to take effect June 18

06/17/2024
Final rules for enforcing the Pregnant Workers Fairness Act can take effect as scheduled on June 18, now that a federal court in Arkansas has rejected a lawsuit contesting abortion-related provisions of the law.

Supreme Court Starbucks ruling reins in NLRB

06/17/2024
In a unanimous decision handed down June 13, the U.S. Supreme Court made it harder for the National Labor Relations Board to intervene in employers’ decisions.