Employment Law

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.

Beware relying solely on AI to screen job applicants

08/02/2024

Employers looking to hire staff increasingly turn to artificial intelligence programs to help them screen candidates. A recent case shows the perils of automated systems and the inherent risk some pose.

Judge declines to block FTC noncompete ban, setting up potentially protracted legal fight

07/29/2024

ATS Tree Services asked Judge Kelley Hodge of the U.S. District Court for the Eastern District of Pennsylvania to issue a preliminary injunction blocking the rule.

FMLA, ADA and attendance: Consider health problems before firing for failing to call off

07/29/2024

Ordinarily, employers can require employees to notify their boss if they anticipate having to miss work. But there’s an exception for those times when the employee simply can’t make that call because of their disability or serious health condition. Always double-check and consider the circumstances before making a final discipline or termination decision based on an employee’s failure to call.

Prepare to pay for time spent waiting to log in, sign off

07/26/2024

A federal appeals court recently reminded a lower court that the FLSA requires paying hourly workers for all time spent working on their employer’s behalf—unless pre- and post-shift activities are so inconsequential that they constitute de minimis time.

Natty dread: Avoid grooming rules that ban religious hairstyles

07/19/2024

Last year’s blockbuster Supreme Court opinion in Groff v. DeJoy required employers to accommodate almost all religious accommodations requested by employees. However, it’s clear that many employers haven’t yet revamped their policies in light of the ruling—and that’s triggering a flurry of EEOC complaints and religious-discrimination lawsuits.

Agencies address gender-based harassment

07/17/2024

The Department of Labor and the EEOC addressed gender-based violence and harassment in the workplace recently. They noted the prevalence of the problem and that dealing with it takes a toll on the victim’s physical and mental health.