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Employment Law

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.

Failure to investigate lands HR in trouble

07/17/2024
Employers must investigate every harassment claim. That’s true even when the alleged harasser is an owner or executive.

Surprised by new hire’s disability claim? Don’t be

07/17/2024
Applicants don’t have to admit to being disabled during an interview. They are within their rights to ask for an accommodation after being hired.

Paging all humans: The FLSA & the FMLA still need you

07/17/2024
Artificial intelligence has taken firm hold in American workplaces. By far, the focus is on how generative AI will either streamline tasks or supplant employees altogether. The Department of Labor isn’t buying the employees-will-soon-be-replaced talk. Human oversight is still necessary to the proper functioning of the Fair Labor Standards Act and the Family and Medical Leave Act, the DOL concluded.

Student athletes may be employees under the FLSA

07/17/2024
These student athletes aren’t claiming to be independent contractors or volunteers, two categories of service providers who are exempt from the FLSA and the tax code. They’re not in a work-study program as most of us understand it. Nevertheless, both the FLSA and the tax code recognize two types of paid work—work as an employee or an independent contractor.

McFerran’s renomination as NLRB chair under fire over divisive speech

07/15/2024
As NLRB chair, Lauren McFerran’s leadership has drawn fire from business interests who contend the board’s recent rulings have run roughshod over employer rights. That has put her renomination in a precarious spot.

Prepare to pay up if you insist on English fluency or prohibit other languages on the job

07/15/2024
While English is the dominant U.S. language, it certainly isn’t the only one spoken in our multicultural society. In fact, employers that insist on English fluency or prohibit speaking another language at work may find themselves running afoul of Title VII of the Civil Rights Act and other employment laws, as one employer recently discovered.

More older workers may mean more age-bias, disability-discrimination lawsuits

07/15/2024
Older workers make up an increasingly large share of the workforce, and EEOC charges alleging age-based discrimination increased to 14,144 in fiscal year 2023, up sharply from 11,500 the year before.

Anniversary: Civil Rights Act of 1964 hits 60

07/15/2024
July 2 marked the 60th anniversary of the signing of the Civil Rights Act of 1964. The landmark legislation outlawed, among other things, workplace discrimination based on race, color, religion, sex and national origins.