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Employment Law

Unions on the rise: What the NLRA won’t let you do

09/29/2023
With labor unions making news nationwide, now is a good time for all employers to revisit their obligations under the National Labor Relations Act. Remember, the NLRA probably applies to you regardless of whether your employees belong to a union.

Recalling staff after layoff? Ensure rehiring isn’t biased

09/27/2023
Before approving a rehire list, make sure you can explain any potentially discriminatory impact and the process you used to determine who would return to their jobs.

Consider addressing menopause care with your company’s portfolio of benefits

09/27/2023
According to a new study by the Mayo Clinic, employees going through menopause are more likely to miss work, cut back to part-time status or even quit. That can mean losing employees at an age when their experience and talent are at their peak.

Legal arguments take shape as business groups oppose new overtime rule

09/25/2023
The Department of Labor’s proposed rule to raise the white-collar overtime salary threshold to $55,068—up from the current $35,568—will almost certainly face legal challenges in coming months. Business advocacy groups and some conservative politicians have vowed to sue to prevent the rule from taking effect.

Be prepared to prove why remote work isn’t a reasonable disability accommodation

09/25/2023
In many cases, disabled workers qualify for telework as an ADA reasonable accommodation if working from home instead of an office enables them to perform their job’s essential functions. However, that doesn’t mean employers must always grant a request to work remotely. If the job simply can’t be done offsite, then telework isn’t a reasonable accommodation.

Accommodating employees with visual impairments

09/20/2023
About 18.4% of all U.S. adults are visually impaired, according to the Centers for Disease Control and Prevention. Visual impairments and related limitations may qualify as disabilities under the ADA and require reasonable accommodations.

Schedule changed after FMLA leave? Be able to show why

09/20/2023
If you need to make a schedule change after a worker returns from FMLA leave, have (and document) a legitimate business reason.

Ensure supervisors understand laws that prohibit pregnancy discrimination

09/20/2023
If recent EEOC actions are any indication, employers that don’t properly train supervisors and hiring managers about pregnancy discrimination will wind up defending themselves in court.

Yes, the ADA applies to remote workplaces, too

09/18/2023
Employers with 15 or more workers are required to comply with the ADA—even when those employees work remotely. In addition, employers must reasonably accommodate disabled applicants during the hiring process even if job interviews are conducted remotely.

What you should do now to prepare for the new overtime rule

09/18/2023
Now that the Department of Labor’s new proposed rule raising the white-collar overtime salary threshold has been published in the Federal Register, the clock has started ticking for employers to prepare for its eventual enactment.