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Employment Law

Swearing at work: When is it considered harassment?

08/18/2022
According to one survey, 57% of American employees admit to swearing at work. But where is the line between swearing as harmless workplace banter and swearing as harmful, unlawful harassment?

Employee sleepwalks into co-worker’s hotel room: Do you terminate or accommodate?

08/18/2022
Here’s one they probably didn’t teach you in HR school…

Be wary of bias against childless employees

08/18/2022
The percentage of Americans who are childless by choice is growing—and that could soon trigger more resentment and legal issues in your workplace.

Beware removing effective disability accommodations

08/18/2022
Many ADA accommodations are cheap, effective and easy to implement. If one of these simple accommodations seems to be working, think twice before withdrawing it unless you have a rock-solid business reason for doing so.

Periodically monitor remote workplaces

08/18/2022
If you have scattered workplaces, be sure to regularly check to make sure they’re not hotspots for problems like sexual or racial harassment. This is especially true for sites that may still embrace a “boys will be boys” attitude—and where front-line supervisors may turn a blind eye to unacceptable and illegal behavior.

They didn’t seriously argue that, did they? Only male cops get weekends off?

08/18/2022
A federal appeals court has upheld a policy that looks like blatant sex discrimination.

FLSA, religious bias cases on docket this fall

08/11/2022
The U.S. Supreme Court returns for its new term in October and already has scheduled two cases affecting employers. One will address whether employers can ever pay a daily rate to an employee classified as exempt. The other will clarify whether an employer’s religious views can exempt it from state and federal nondiscrimination laws.

Ensure bosses don’t block accommodations

08/11/2022
It’s important to train supervisors that they must honor approved disability accommodations and immediately refer all requests to modify accommodations to HR.

Don’t make this $10 million vaccine mistake

08/11/2022
First, the bad news: An employer recently agreed to pay $10 million to a group of employees who refused to be vaccinated against covid-19 for religious reasons. The good news: The same fate won’t befall your organization if you follow some simple steps that balance religious objections against business and organizational needs.

Ensure exempt teleworkers are properly classified

08/04/2022
If you have exempt employees who work remotely, be sure they really are exempt. It’s important because it is difficult to track teleworkers’ time. If they have been misclassified, you could violate the Fair Labor Standards Act in two ways: failing to pay overtime and failing to properly track all hours worked.