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Employment Law

Don’t fly solo on settlements! Call your lawyer

07/28/2022
It may be tempting to offer a disgruntled employee a quick cash settlement in exchange for her signature on a liability release. But beware: If the release isn’t properly executed, the employee might be able to sue anyway.

Service animals may be ADA accommodations

07/28/2022
Some employers assume they can reject out of hand a disabled employee’s request to bring a service animal to work as a reasonable accommodation. Implementing such a blanket policy is a mistake.

Report: Reform intermittent leave to help employers comply with FMLA

07/26/2022
A new report by the Bipartisan Policy Center think tank argues that updating the FMLA’s intermittent leave provisions could “significantly improve employers’ experience complying with the law.”

Accommodate teenage workers’ disabilities, too

07/21/2022
One of the EEOC’s primary enforcement priorities is protecting teen workers from harassment and discrimination. Employers that tolerate abuse of younger employees can expect an EEOC lawsuit that is likely to result in an expensive judgment or settlement.

Investigate all harassment complaints ASAP

07/21/2022
Act fast as soon as you learn an employee has complained about harassment. If you don’t, you may lose the only defense your organization has.

Abortion discrimination is still illegal pregnancy bias

07/19/2022
As controversial and divisive of an issue as abortion is (perhaps now more than ever), the law is clear that an employer cannot fire an employee for having one. Nothing the Supreme Court did in Dobbs v. Jackson Women’s Health Organization changes this.

Biden’s White House will be first to pay its interns

07/19/2022
To determine if interns should be paid, the Department of Labor and the courts have used a primary-beneficiary test, which looks at who benefits most—the employer or the intern.

NLRB numbers rising for election petitions, unfair labor charges

07/19/2022
Union representation petitions filed with the National Labor Relations Board have increased 56% during the first nine months of Fiscal Year 2022.

Revisit covid testing in light of EEOC moves

07/19/2022
Now that the coronavirus pandemic is well into its third year, it may be time for employers to revisit their policies and practices on testing employees for covid-19 infections. New legal roadblocks to testing have emerged and new EEOC guidance has made compliance more difficult.

You can’t discriminate based on type of citizenship

07/14/2022
Employers cannot discriminate against citizens, legal immigrants and others with valid work visas on the basis of their national origin. The EEOC has made it clear that the type of citizenship an applicant holds can’t be used as a reason not to hire. That, too, would amount to national-origin discrimination.