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Employment Law

OK to place reasonable limits on religious accommodations

11/13/2024
Employers must reasonably accommodate employees’ religious needs, but there are limits.

Religious accommodation request? Here’s what not to ask

11/13/2024
After the Supreme Court’s Groff v. DeJoy religious-accommodation case that strictly limited when employers can turn down requests, some employers demanded details about professed religious beliefs and documentation that the request was based on their religion’s requirement. But that is backfiring as courts set strict standards on how much information employers can demand.

Making even a few ageist statements can land you in court

11/13/2024
Here’s a reminder that HR needs to train supervisors and managers on ageist attitudes and comments. Even one or two isolated comments that could be viewed as criticism based on an employee’s age can be enough to justify an Age Discrimination in Employment Act lawsuit if there are other indications of favoring the young.

Cover costs when employees use their own cars for business

11/11/2024
If your employees use their personal vehicles to conduct business on your behalf, here’s a warning: If you don’t reimburse them for the associated costs, you could be liable for violations of the Fair Labor Standards Act.

Prepare for questions on Trump’s HR-related promises

11/08/2024
After President-elect Trump takes office on Jan. 20, 2025, expect a flurry of new policy proposals affecting HR and employment law—and efforts to roll back many of the Biden administration’s policies.

Adverse action: Beware creating the perception of retaliation

11/04/2024
An employee who suffers an adverse employment action shortly after filing a complaint or returning from a leave of absence is likely to smell a retaliation rat. But what’s considered an adverse action?

Beware pre-hire exams that could reveal genetic information

11/01/2024
You know you can’t exclude otherwise qualified candidates because they’re older, disabled and in need of accommodations, pregnant or planning to have children. But what about screening candidates for potential medical problems down the line? No, you can’t do that, either.

Guidance addresses 3rd-party AI worker surveillance

11/01/2024
The guidance warns that employers that use third-party consumer reports—including background dossiers and surveillance-based AI or algorithmic scores about their workers—must follow Fair Credit Reporting Act rules.

FTC appeals court order that killed noncompete ban

10/28/2024
The Federal Trade Commission on Oct. 18 filed an appeal seeking to overturn a federal court’s ruling that the FTC did not have the authority to issue a rule banning noncompete agreements nationwide.

Understand how USERRA protects FEMA reservists

10/28/2024
If you have employees who belong to the National Guard or military reserves, you are probably familiar with the Uniformed Services Employment and Reemployment Rights Act. But USERRA doesn’t just protect the employment rights of military-connected employees. It also covers Federal Emergency Management Agency reservists—paid civilian temporary employees who assist FEMA during emergencies and the recovery phase that follows natural disasters.