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Employment Law

Case of the Week: No nondisparagement and confidentiality clauses in separation agreements

02/24/2023
The National Labor Relations Board on Feb. 21 said it’s unlawful to include nondisparagement and confidentiality provisions in the severance agreements employers often ask laid-off employees to sign.

Poll: More than half of workers over the age of 40 have experienced discrimination

02/23/2023
Age bias is alive and well in the workplace 56 years after enactment of the Age Discrimination in Employment Act, according to a new survey conducted by Moneyzine.com.

How to handle long COVID under ADA, FMLA

02/23/2023
A new study from New York’s largest workers’ comp carrier says long COVID contributes significantly to current labor shortages and harms productivity.

Florida man: DOL sets sights on Sunshine State employers

02/21/2023
Feb. 16 was a bad day for Florida employers that recently ran afoul of the Department of Labor. On just that one day, the DOL announced fines and recoveries worth almost $400,000.

Beware the latest HR legal danger: Stockholder lawsuits

02/21/2023
There’s a new HR danger out there: Shareholders can now sue corporate officers—including the professionals who head up HR departments—for breach of fiduciary duty.

Read the EEOC’s new rules on hearing disabilities

02/21/2023
The EEOC has issued new technical assistance for employers on accommodating applicants and employees with hearing disabilities. It’s timely guidance; the EEOC has filed or settled several cases involving deafness in the past year alone.

Revise handbook to address remote harassment

02/21/2023
If you haven’t reviewed your employee handbook in the last year or so and updated it to reflect new laws and important HR trends, you should do so soon. Otherwise, you’re probably working with an outdated and legally risky document that may do more harm than good. Here are some proactive handbook changes to consider making now to address harassment issues that can arise when employees work remotely.

Keep it Legal: Train managers on military service

02/17/2023
Employees who are current or past military members are protected from discrimination based on their past, present or future service under the Uniformed Services Employment and Reemployment Rights Act. Including information on USERRA in management and supervisor training is essential.

No retaliation ever for invoking FMLA rights—even if employee may be ineligible

02/16/2023
The 6th Circuit revived the FMLA retaliation claim of an attorney fired immediately after she requested unpaid leave to care for her two-year-old child at the start of the COVID-19 pandemic.

Alcoholism: Be prepared to accommodate it under both the ADA and the FMLA

02/16/2023
Responding to the latest federal Behavioral Risk Factor Surveillance System survey, more than half of U.S. adults reported drinking alcohol in the previous 30 days. One study placed the overall cost of alcohol abuse at more than $249 billion per year. The Centers for Disease Control and Prevention says employers bear 72% of that cost because of lost productivity.