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Employment Law

What to expect from Trump’s Labor nominee

03/02/2017
With the nomination of Alexander Acosta to head the Department of Labor, the race is on to figure out where he stands on issues important to employers.

Business groups appeal to kill off retirement fund fiduciary rule

02/28/2017
A coalition of business groups is appealing a federal court’s decision to uphold the Department of Labor’s new fiduciary rule, which requires retirement fund brokers to act solely in their clients’ best interests when recommending investments.

No ADA violation if worker cannot perform the job

02/27/2017
It’s not an ADA violation to refuse to hire someone who obviously can’t meet the physical requirements for performing a job.

Heard allegations of racial harassment? You must take steps to stop it

02/27/2017
Employers face liability if they spot racial harassment at work and don’t take reasonable steps to stop it. Don’t assume the problem will go away on its own—or that workers who experience harassment will indefinitely tolerate a hostile environment.

Consistently apply work rules to steer clear of charges of discrimination

02/27/2017
Beware making exceptions to the rules. That can look like discrimination if a disgruntled employee who doesn’t receive the same exception spots a pattern suggesting unfair favoritism.

Court expands ADA protection, OKs transfer away from specific location and supervisor

02/27/2017
A federal court in California has opened the door for mentally disabled employees seeking accommodations to request a transfer away from specific locations and individuals.

‘Make work’ accommodation may backfire

02/27/2017
Here’s a cautionary tale for employers tempted to create a “make work” accommodation designed to drive a disabled worker to quit. Courts are likely to take a dim view of such a cynical strategy.

Never ignore accommodation request

02/27/2017
Ignoring a request for accommodations may give the employee grounds for a lawsuit, even if it turns out that an accommodation wasn’t required.

‘2-for-1’ regulatory plan aims to free up businesses

02/23/2017
President Trump’s goal is to alleviate the regulatory burden on employers of all sizes.

Do your supervisors know their FMLA duties?

02/23/2017
Mistakes by front-line managers—usually simple, unforced errors—can lead to costly FMLA liability.