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Employment Law

Even with FMLA, enforce no-show/no-call rule

07/24/2018
Employers can and should set reasonable standards for how employees let their bosses know they won’t be coming to work. Those rules can require calling in before the start of a shift if the employee is ill or has a medical emergency, even if it may be covered by the FMLA.

Administration rescinds rule that required naming anti-union advisors

07/24/2018
The Department of Labor on July 17 officially rescinded a controversial “persuader rule” enacted in 2016 by the Obama administration, a formality because the rule never took effect.

National council formed to ‘ensure jobs for American workers’

07/24/2018
President Trump on July 19 launched the President’s National Council for the American Worker to develop a strategy to address issues such as skill development and unemployment.

Mind deadlines when employee files bias charges

07/19/2018
Employees must meet strict deadlines when filing discrimination claims with the EEOC and state anti-discrimination agencies.

No, you can’t make staff divulge their meds

07/19/2018
The EEOC has filed a lawsuit against a Texas employer that requires all its employees to report every medication they take, both prescription and over-the-counter drugs.

Prepare to turn over disciplinary records if employee files a discrimination lawsuit

07/18/2018
When an employee sues for alleged discrimination, he or she is generally entitled to access all relevant employer documents. If you disciplined the employee, chances are you will have to turn over disciplinary records concerning other staff. Don’t expect to keep those records confidential.

DOL funding could fall … a little bit

07/17/2018
The House Appropriations Committee has approved an FY2019 budget bill that would trim the Department of Labor’s discretionary funding by 0.7%.

NLRB claims Musk violated NLRA

07/17/2018
Tesla CEO Elon Musk broke the law at a meeting last year in which he allegedly told employees he would address their workplace safety concerns as long as they didn’t try to unionize, according to the National Labor Relations Board.

States push back against DOL’s PAID program

07/17/2018
There’s a lot for employers to like about the U.S. Department of Labor’s new Payroll Audit Independent Determination program—known as PAID. Some state officials aren’t so enthusiastic.

When punishing harassment, you may discipline different perpetrators differently

07/14/2018
Employers investigating workplace harassment accusations may wonder if all the alleged perpetrators must be disciplined equally harshly. You do have some discretion in how you mete out punishment. Just make sure you can later justify why one party was less culpable or deserved a lesser punishment than others.