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Employment Law

Beware pre-hire exams that could reveal genetic information

11/01/2024
You know you can’t exclude otherwise qualified candidates because they’re older, disabled and in need of accommodations, pregnant or planning to have children. But what about screening candidates for potential medical problems down the line? No, you can’t do that, either.

Guidance addresses 3rd-party AI worker surveillance

11/01/2024
The guidance warns that employers that use third-party consumer reports—including background dossiers and surveillance-based AI or algorithmic scores about their workers—must follow Fair Credit Reporting Act rules.

Do you read the fine print before you sign?

10/28/2024
The Department of Labor has identified seven fine-print provisions in employment contracts that it believes violate the FLSA and the OSH Act.

FTC appeals court order that killed noncompete ban

10/28/2024
The Federal Trade Commission on Oct. 18 filed an appeal seeking to overturn a federal court’s ruling that the FTC did not have the authority to issue a rule banning noncompete agreements nationwide.

Understand how USERRA protects FEMA reservists

10/28/2024
If you have employees who belong to the National Guard or military reserves, you are probably familiar with the Uniformed Services Employment and Reemployment Rights Act. But USERRA doesn’t just protect the employment rights of military-connected employees. It also covers Federal Emergency Management Agency reservists—paid civilian temporary employees who assist FEMA during emergencies and the recovery phase that follows natural disasters.

Ensure your organization complies with child-labor laws

10/28/2024
Recent data from the U.S. Department of Labor reveals a troubling spike in child-labor violations among U.S. employers. In fiscal year 2023, the DOL concluded 955 investigations that found child-labor violations, a 14% increase from the previous year.

Harassment cost employer $3 million—and the harasser $835,000

10/25/2024
Juries tend to harshly punish employers that ignore harassment complaints and let the abuse continue. But occasionally, a jury decides it’s not enough to punish the employer; they punish the harasser, too.

NLRB mandate: Amend stay-or-pay rules by Dec. 6

10/25/2024
Offering especially generous benefits such as paying a signing bonus, reimbursing college tuition, covering relocation expenses or providing costly training can certainly buy employees’ loyalty. But if you try to cement that loyalty with penalties for quitting before an agreed-upon period of time has passed, you may soon find yourself facing a National Labor Relations Board unfair labor practice charge.

DOL offers a framework for AI hiring decisions

10/21/2024
In conjunction with the Partnership on Employment & Accessible Technology, the Department of Labor’s Office of Disability Employment Policy has a new publication and associated tools, AI & Inclusive Hiring Framework, both of which are geared toward hiring employees with disabilities.

On the Supreme Court docket: Cases to watch in the ‘24–‘25 term

10/21/2024
The U.S. Supreme Court will hear three important employment-law cases in its 2024–2025 term, which began Oct. 7 and will end in late June 2025.