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Employment Law

Develop a process for extending FMLA leave

01/26/2024
Every employer needs a clear process for handling requests for additional time off after an employee exhausts FMLA leave. How you handle those requests can make the difference between winning and losing a disability discrimination lawsuit.

Takeaways from the DOL’s worker status rule

01/22/2024
The Department of Labor released its final rule on workers’ status as employees or independent contractors a couple of weeks ago. The rule, which becomes effective March 11 (pending litigation, of course), restores the DOL’s six-part economic realities test, with an eye toward the modern economy. This rule was never meant to upset the apple cart. But some apples will fall by the wayside. Here are some things to think about now.

DOL offers employee/contractor rule guidance for small employers

01/22/2024
The Department of Labor has posted a suite of resources to help small employers navigate the complexities of complying with the recently issued final rule on employee and independent contractor classification.

Critics—and now a lawsuit—blast DOL’s final employee/contractor rule

01/22/2024
Organizations representing business interests reacted quickly to denounce the Department of Labor’s new final rule on employee and independent contractor classification, even as the first lawsuit challenging the rule was filed.

Beware bad-mouthing effective employees after they request accommodations

01/22/2024
Always keep an eye on the optics of the employment-related actions your organization’s managers take and the decisions they make. Suddenly criticizing an employee who recently sought a disability accommodation, for example, is not just a bad look; it could also trigger a costly lawsuit.

Follow EEOC’s recipe for anti-harassment training

01/22/2024
Employers in industries such as hospitality and retail often promote rank-and-file workers to supervisory roles. That may mean that front-line supervisors may not have had the formal training required for their new jobs. That means it’s up to HR to ensure new bosses understand all their responsibilities, including how to handle discrimination and harassment they witness. A recent EEOC lawsuit offers lessons on how to deliver that training.

ADA: If employee’s preferred accommodation won’t work, you must explore alternatives

01/17/2024
Here’s a reminder to make sure you pay more than lip service to following the ADA and its requirement to reasonably accommodate disabled applicants who are qualified to perform their jobs. As one employer recently learned, it’s not enough to become known as a welcoming place for disabled workers. You must follow through whenever a disabled employee requests a reasonable accommodation.

This is how you respond to a group of employees organizing and forming a labor union

01/17/2024
How did Costco respond to a recent employee vote to unionize? Did it fire the organizers? Cut their hours? Trash-talk the union and its supporters? How about none of the above?

Accommodating Alzheimer’s and other forms of dementia in the workplace

01/17/2024
If you have a worker who reveals a dementia diagnosis and requests reasonable accommodations, follow your usual ADA accommodations process. Determine if the employee is disabled and discuss possible accommodations using the ADA’s interactive process.

Child-labor violations cost $3.8 million, plus lost sales of compromised ‘hot goods’

01/17/2024
One of the U.S. Department of Labor’s enforcement priorities is eliminating the illegal use of child labor. In 2023, the DOL stepped up enforcement, levying hefty fines.