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Employment Law

Feel free to terminate if you find wrongdoing while employee is out on FMLA leave

10/25/2017
Employees out on FMLA leave don’t enjoy more job protection than employees who don’t take leave. As long as an employer doesn’t terminate because an employee took FMLA leave, it’s perfectly lawful to fire someone during leave.

Big win for unions seeking to reclassify workers

10/24/2017
Normally, the U.S. Department of Labor has jurisdiction over whether workers should be classified as employees or true independent contractors. But now the National Labor Relations Board has entered the fray in a way that could have big consequences for employers.

Federal court: Wellness rules must go back to EEOC for rewrite

10/24/2017
In response to a lawsuit, a federal judge has instructed the EEOC to reconsider regulations concerning how employer wellness programs interact with the ADA and the Genetic Information Nondiscrimination Act.

Snapshot: Sexual harassment costs tens of millions per year

10/24/2017
Since fiscal year 2010, the EEOC has collected an average of $42.2 million per year on behalf of sexual harassment victims.

Worker must object to harassment before suing

10/24/2017
When harassment isn’t obvious in the workplace, the worker who later claims to have been harassed has an obligation to at least complain and tell the aggressor his behavior is unwelcome. Make sure you warn supervisors to guard against such attitudes.

Lawsuit alleges ADA violation? Check if employee actually requested accommodation

10/23/2017
Employees are entitled to reasonable accommodations for disabilities in order to perform the essential functions of their jobs. But employers don’t have to guess whether an employee needs an accommodation—the employee must ask for help.

3rd Circuit rules reduction in work hours following complaint may be retaliation

10/20/2017
It is crucial for HR to follow up regularly with a worker who has complained of discrimination to see if she has any possible retaliation to report. Something seemingly as minor as a changed schedule or slightly reduced hours can be grounds for a retaliation lawsuit.

EEOC changes tactics on sexual orientation

10/19/2017
The EEOC has begun arguing that acting against someone who fails to conform to gender stereotypes is a form of sex discrimination.

Being rude isn’t a protected ethnic trait

10/18/2017

Here’s a reminder to stick with solid explanations when documenting discipline. If you have facts to back up your decision, an employee’s spurious claim of some sort of discrimination likely will be dismissed.

Master compliance challenges that follow natural disasters

10/18/2017
Unless planned and executed properly, employers’ emergency procedures may run afoul of many federal, state and local employment laws.