• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Case of the Week: OK to ask about basis for religious-accommodation request

06/15/2023
A series of Supreme Court decisions have protected beliefs that are theistic in nature—that is, they include a belief in God as defined in major world religions and their variants. But other decisions hold that non-theistic moral or ethical beliefs sincerely held with the strength of traditional religious beliefs are also entitled to reasonable accommodation.

New overtime rule pushed back to August as Su’s labor secretary nomination stalls

06/15/2023
The wait continues for the Department of Labor to release its much-delayed final overtime rule. A June 14 notice by the federal Office of Management and Budget said the rule won’t be published before August.

Avoid retaliation lawsuits with these 4 best practices

06/15/2023
Retaliation claims brought by unhappy employees—or really, really unhappy former employees—continue to trouble employers nationwide. Here are four recommendations for setting up systems that can help prevent retaliation claims in the first place and—acknowledging that no system can prevent all such claims—at least help the organization establish and prove possible defenses to claims of retaliation that do arise.

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.