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Employment Law

Immediately address every harassment complaint

12/05/2014
Don’t think that by ignoring obvious harassment, it will go away. More likely, the offensive be­­havior will escalate—and may even turn into a brawl or worse.

IRS Audits: Worker Classification

12/04/2014

HR Law 101: The IRS has the burden of proof when it interrogates an employer about its worker classifications. Before the Small Business Job Protection Act of 1996, the onus was on the employer to prove that an individual didn’t qualify as an employee …

New rule on white-collar overtime pay pushed back to February

12/02/2014
Look for the Department of Labor to release a new proposed rule for paying overtime to white-collar workers in February 2015, a roll-back of the department’s original, self-imposed November deadline.

When FMLA resentment turns into harassment

12/01/2014
FMLA rules say that employers, “are prohibited from discriminating or retaliating against an employee for having exercised or at­tempted to exercise any FMLA right.” That’s why it’s important to remind supervisors (and all employees) that the FMLA is a legal right and taking it should never be grounds for criticism or punishment.

EEOC charges, monetary settlements decline

12/01/2014
The number of EEOC charges fell slightly in fiscal year 2014, but employers wound up paying dramatically less for workplace discrimination, harassment and retaliation than they did in 2013.

Dress Codes

12/01/2014

HR Law 101: Workplace dress codes touch on a variety of issues, including workplace safety, freedom of speech, personal hygiene, customer relations, religious freedom, the minimum wage and racial and gender stereotypes. Employers have a number of legitimate reasons for imposing a dress code, but court rulings have limited their options…

Ergonomics

12/01/2014

HR Law 101: In 2009, OSHA said it plans to propose a rule requiring employers to report work-related musculoskeletal disorders (WMSDs) in a new column on their Form 300 workplace injury logs. Some believe the move is a precursor to reintroducing ergonomic standards.

Sexual Orientation Issues

12/01/2014
HR Law 101: Although Title VII does not specifically protect workers because of their sexual orientation, 21 states and the District of Columbia have laws that do. Similarly, 17 states and the District of Columbia have laws barring private employers from discriminating based on gender identity.

EEOC files its first case alleging transgender bias

11/20/2014
For the first time in its history, the EEOC has filed suit against employers alleging discrimination against transgender employees.

White House shuffles NLRB nominees ahead of Senate shift

11/17/2014
Seeking to speed up appointments to the National Labor Relations Board before Republicans take control of the Senate in January, the Obama administration has withdrawn a controversial nominee and replaced her with a prospective member it hopes will win swift approval.