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Employment Law

Document how you tried to accommodate religion

06/09/2022
Employers must reasonably accommodate employees’ religious beliefs and need to worship. But it’s not an absolute mandate; the accommodation must be reasonable. If it would cause an undue hardship, employers must document their accommodation efforts and the disruption caused by unsuccessful attempts to accommodate religious needs.

Consider calling police for severe harassment

06/09/2022
If an employee complains about sexual harassment that has moved well beyond mere verbal abuse to include unwanted touching or other physical contact, it may be time to call the police. Serious allegations call for a robust response to protect the employee and your organization if the behavior repeats or escalates.

Assess policies, practices for LGBT inclusion

06/09/2022
June 15 is the second anniversary of U.S. Supreme Court’s 6-3 decision in Bostock v. Clayton County, which ruled employers cannot discriminate based on sexual orientation or gender identity. June is also Pride Month, making now a good time to review your legal obligations and perhaps reset policies to make your workplace more welcoming for lesbian, gay, bisexual and transgender employees.

Employers and employees give high marks to EEOC mediation

06/08/2022
Two new independent studies report overwhelming employer and employee satisfaction with the EEOC’s mediation program, as well as the commission’s transition from in-person to online mediation as a result of the coronavirus pandemic.

Supreme Court delivers arbitration win for workers

06/02/2022
A unanimous U.S. Supreme Court just made it harder for employers to require employees to arbitrate instead of litigate, even if employees have signed agreements promising to resolve all employment-related complaints through arbitration.

Beware ‘salaries’ that stiff hourly employees

06/02/2022
Most employers comply with the FLSA in a straightforward way by tracking all time worked and calculating each week’s paychecks down to the minute. But every now and then, an employer tries to play fast and loose with the FLSA rules. That usually spells trouble if the Department of Labor finds out.

NLRB helps a new breed of activists unionize

06/02/2022
After decades of declining union membership, the National Labor Relations Board has begun playing an active supporting role in organized labor’s recent success winning union representation elections.

Bill would disallow employer tax breaks for anti-union activity

06/01/2022
The Senate Finance Committee could soon begin holding hearings on legislation that would deny employer tax deductions for any money spent “to influence their employees with respect to labor organizations or labor organization activities, such as elections, labor disputes and collective actions.”

Wells Fargo shows how not to foster diversity

06/01/2022
78% of employers surveyed earlier this year by the WorldatWork association said they had recently either implemented or were planning to implement a diversity, equity and inclusion initiative at least in part to assist recruitment. But good intentions will only get you so far down the path toward workforce diversity. You also need buy-in from hiring managers. And merely paying lip service to your initiative may backfire.

Warn bosses about adverse action after bias complaint

05/26/2022
Once an employee’s discrimination lawsuit gets to court, anything can happen. In fact, it’s common for employees to lose on their initial discrimination or harassment claims but still win an associated retaliation claim. That’s why you must train managers that any adverse action—even as minor as a schedule change—can be interpreted as retaliation if it comes after an employee has complained about bias or harassment