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Employment Law

Can’t accommodate religion? Prove hardship

09/13/2018
Once the employee shows her need for religious accommodation, the burden shifts to the employer to show that it is unable to accommodate the religious need without undue hardship.

Lunch break pay dispute costs Lubbock, Texas hospital $200K

09/13/2018
University Medical Center in Lubbock, Texas, has agreed to pay 197 emergency room employees $199,175 to settle charges it deducted 30 minutes of paid time from each employee’s time card whether the employee took lunch or not.

Pearce again tapped for NLRB

09/13/2018
President Trump has nominated Mark Gaston Pearce to serve another term on the National Labor Relations Board.

Beware perils of mandated religious practices

09/13/2018
The “culture war” over evangelical religious beliefs and practices is beginning to affect how HR professionals must balance the rights of company owners and their employees.

Commuting distance: A new excuse for bias?

09/13/2018
HR pros know all about the usual forms of discrimination: race, sex, age, national origin, disability and so forth. Are we about to add another category to the list of characteristics on which bias claims may be based?

New employee may be eligible for ‘ADA leave’

09/05/2018
Technically, there’s no such thing as “ADA leave” in the same sense that the FMLA specifically grants time off to deal with medical issues. However, some disabled employees may be entitled to leave as an ADA reasonable accommodation.

Train bosses: You must report all harassment

09/05/2018
Anyone who sees harassment happening should say something to the appropriate company office or individual in charge of preventing and stopping harassment. The EEOC takes this “see something, say something” reporting requirement very seriously.

Document each stage of progressive discipline

09/04/2018
Employers that have a progressive discipline process, in which discharge can only happen after counseling and a series of warnings have occurred, have an advantage if a terminated employee sues them for discrimination.

DOL releases model FMLA forms good for 3 years

09/04/2018
The Department of Labor has released updated versions of its model FMLA certification and notice forms, carrying a new expiration date of Aug. 31, 2021.

DOL releases new FMLA forms — good for 3 years

09/04/2018
The DOL has released updated versions of its model FMLA certification and notice forms. Employers should begin using the new FMLA forms now.