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Employment Law

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.

Pennsylvania Supreme Court to weigh fluctuating workweek OT method

08/31/2018
The Pennsylvania Supreme Court has agreed to hear a case that could affect how employers pay overtime to nonexempt salaried employees in the Commonwealth. At issue is whether employers may use the fluctuating workweek option allowed under the federal Fair Labor Standards Act.

Report: Glass ceiling holds women back at DOJ

08/31/2018
The U.S. Justice Department’s Inspector General has issued a report showing that women are substantially underrepresented in criminal investigative and leadership positions within the Department of Justice.

Good documentation wins discrimination lawsuits

08/31/2018
If you have to discharge a difficult employee, be patient—and carefully document everything. You need detailed records showing exactly how the em­­ployee interacted with other workers and why the behavior was unacceptable.