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Employment Law

Honoring pronoun and gendering preferences proves complicated

05/12/2023
Here’s a recent case showing that the EEOC is moving full speed ahead with test case litigation designed to make clear that harassment based on preferred pronouns and gender identity violates Title VII’s prohibition on sex discrimination.

Manage the balancing act when accommodating employees’ religious beliefs

05/08/2023
Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of religion and requires employers to reasonably accommodate an employee’s sincerely held religious beliefs and practices, can sometimes clash with employers’ legitimate business needs and may cause employee-relations problems. Here’s how employers can balance their own needs with their duty to accommodate workers’ religious beliefs and practices.

Avoid surprise OT claims with this simple policy

05/08/2023
The Fair Labor Standards Act imposes stiff penalties on employers that cheat employees out of overtime pay. They must pay double what they should have paid in the first place. But there’s a simple way to avoid that liability: Have a policy that makes it easy for employees to report being underpaid. Then promptly investigate if someone reports not receiving the overtime pay they were expecting.

How HR should use AI: NYC law offers practical guidance

05/08/2023
More and more employers are using artificial intelligence software to improve HR processes such as recruitment, hiring and onboarding. Already, several states and cities have passed laws dictating how AI can and cannot be deployed, including in the HR field.

Whistleblower retaliation case also on Supreme Court’s docket

05/05/2023
The U.S. Supreme Court will decide what the proper standard is for proving retaliation in a Sarbanes-Oxley Act whistleblower case. Depending on the outcome, what employers must show to support disciplinary action against a whistleblower could change.

Proposed regs would strengthen HIPAA’s privacy provisions

05/02/2023
Proposed regulations issued April 17 by the Department of Health and Human Services would extend the scope of HIPAA’s privacy protections specifically to women who travel to other states to receive reproductive health-care services where those services are legal and would apply to almost all judicial or administrative proceedings related to this care.

What HR needs to know about 2 new laws affecting pregnant workers and new mothers

05/01/2023
What you need to know about the Pregnant Workers Fairness Act and the PUMP Act.

EEOC, other agencies monitoring AI’s impact on perpetuating discrimination

05/01/2023
The EEOC has joined forces with the Consumer Financial Protection Bureau, the Federal Trade Commission and the Justice Department’s Civil Rights Division to step up oversight of how artificial intelligence software might perpetuate unlawful discrimination.

What not to say to older workers: ‘You’re overqualified!’ ‘When are you going to retire?’

05/01/2023
Even as the baby boom generation ages, many older workers are finding they must delay retirement because they can’t afford to quit working. That should raise red flags for employers. Boomers have a powerful federal law on their side—the Age Discrimination in Employment Act, which makes it illegal to discriminate against employees and applicants over age 40 because of their age.

Court to Tesla: Anti-union meetings OK, Musk’s tweets are illegal threats

04/24/2023
A federal appeals court has weighed in on what management can do to dissuade employees from voting to unionize. It said holding meetings to explain why the employer opposes the union is fine. However, instituting a workplace rule that says employees can’t talk to the media illegally infringes on worker rights under the National Labor Relations Act.