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Employment Law

DOL wins largest FLSA verdict ever! $22 million for unpaid showers

06/12/2023
The Department of Labor has just won the largest Fair Labor Standards Act verdict in its history. A jury awarded a group of workers $22 million for the time they spend showering after their work shifts.

Court: Hip-hop on work PA can be harassment

06/12/2023
A federal appeals court has ruled that blasting “sexually graphic, violently misogynistic” music over a Nevada warehouse’s public address system “almost daily” for two years created a hostile work environment.

Case of the Week: Revoking remote work privilege isn’t basis for lawsuit

06/09/2023
Employees who sue their employers for retaliation must prove that they experienced an adverse employment action. Being fired, demoted or transferred to a different location with lower pay generally qualify as adverse. But minor changes that don’t include lower pay, lost benefits or substantially different duties and responsibilities aren’t enough to justify a lawsuit.

After COVID, EEOC charges jumped 20% last year

06/09/2023
EEOC charges exploded in fiscal year 2022, jumping almost 20% compared to FY 2021 and reversing a 10-year trend in which discrimination, harassment and retaliation claims steadily declined.

DOL continues crackdown on fast-food violations of child-labor laws

06/05/2023
The U.S. Department of Labor is turning up the heat on fast-food businesses that expose teenage workers to dangerous conditions and try to thwart investigations of alleged child-labor law violations.

Supreme Court backs employers that suffer damages during union strikes

06/05/2023
In a near-unanimous 8-1 decision, the U.S. Supreme Court has signaled it won’t tolerate union misbehavior that damages employer property even when tensions run high.

How much could retaliation cost? Try $366 million

06/05/2023
Employees frequently sue for retaliation if they experience backlash after complaining about race discrimination at work. If the victim is punished with a pay cut, demotion, transfer to a less desirable location or termination, employers can expect a retaliation lawsuit. In cases like that, employees don’t even have to prove they experienced discrimination. They just have to prove they were punished for complaining.

Caution! EEOC guidance puts employers on notice for AI liability

05/30/2023
The EEOC has recently become quite proactive about the downsides of artificial intelligence, warning employers that using AI in the hiring process could lead to violations of anti-discrimination laws. The commission is rightly worried that certain AI programs may be designed in ways that either actively discriminate against members of a protected class or have an adverse impact on them.

Transfer after harassment complaint is OK if the new position is comparable

05/30/2023
Employers can’t punish workers for filing a discrimination or harassment complaint. That would be illegal retaliation. But what’s less clear is what exactly constitutes punishment? Under the law, it isn’t punishment unless the employer’s action amounts to an adverse employment action.

Handle requests for religious accommodations by holding interactive talks about options

05/24/2023
Title VII requires employers to reasonably accommodate employees’ sincerely held religious beliefs and practices. Employers must handle requests for religious accommodations just as they do requests for disability accommodations under the ADA—through an interactive process in which the employee’s and the employer’s competing needs are discussed.