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Employment Law

Court: Process for removing NLRB judges is unconstitutional

12/16/2024
A federal judge on Dec. 11 struck down National Labor Relations Board rules that prevent the agency’s administrative law judges from being fired at will.

Senate denies McFerran’s renomination as NLRB chair, blocks bid for Democratic control through 2026

12/16/2024
Under Republican control, the NLRB will likely move quickly to reverse several major pro-union and pro-employee rulings issued since 2021.

Win lawsuits by documenting consistent, equitable interview process

12/16/2024
When interviewing more than one candidate to fill a job, the easiest way to prevent failure-to-hire lawsuits is to ask the same questions of every candidate. That’s especially important when there are several rounds of interviews or when a committee conducts the interviews.

Legacy of pay discrimination just cost this employer $43 million

12/16/2024
The federal Lilly Ledbetter Fair Pay Act lets employees sue at any time for pay discrimination if their current paycheck reflects past discrimination. Thus, if a female employee discovers she’s being paid less than a man doing the same work, she can sue and receive back pay for at least two years’ worth of discriminatory paychecks.

A cautionary tale: Lessons from a recent retaliation case

12/11/2024
Retaliation claims can be among the hardest to defend. Timing and intent are everything, and even well-meaning employers can stumble without strong policies and careful implementation.

AIDS and HIV in the workplace

12/11/2024
Under the Americans with Disabilities Act, individuals with a physical or mental condition that substantially impairs a major life function may be entitled to a reasonable accommodation. Someone with HIV/AIDS may have challenges that require accommodations.

Disabled worker can’t be forced to quit

12/11/2024
Disabled employees are entitled to reasonable accommodations, including reassignment to open positions they’re qualified to perform. But employers can’t force them to quit to apply for that open position.

No, you can’t require different return-to-work rules

12/11/2024
It may seem reasonable to ensure workers returning from medical leave undergo testing based on their reason for taking leave. But doing so may cause legal trouble unless everyone must be tested.

Banned remote work? Not so fast for ADA request

12/11/2024
As employers increasingly push return-to-office policies, be careful when dealing with disabled workers. Some may request continued telework as a reasonable accommodation.

DOL appeals overtime decision and injunction

12/09/2024
The Department of Labor has appealed a ruling by a federal judge in Texas that overturned the Biden administration’s rule that would have made some 4 million more white-collar workers eligible for overtime pay.