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Employment Law

NLRB to review validity of mandatory arbitration clauses

01/25/2022
The National Labor Relations Board has begun exploring whether confidentiality requirements in mandatory arbitration agreements violate Section 8(a)(1) of the National Labor Relations Act.

A comfortable chair vs. a day in court

01/20/2022
Avoiding an ADA suit can be as simple as a new chair.

I-9 document bias: Lessons from the Gap case

01/20/2022
When completing I-9 forms, HR professionals often focus too much on being “form enforcers” without realizing they could face discrimination charges for demanding that new hires produce certain documents.

Beware bias suits when raising starting pay

01/20/2022
In this tight labor market, many employers have decided to raise starting pay in order to attract qualified job candidates. However, that can cause unintended consequences if new hires are paid more than current employees, who could decide to sue for some kind of discrimination.

Respond to unions targeting small workplaces

01/20/2022
Labor unions achieved their greatest success in the 1950s by organizing large blocks of employees, such as everyone working at a steel mill or auto plant. Lately, unions have enjoyed a small but significant renaissance by convincing small groups of employees to join.

Intermittent leave abuse? Demand new cert

01/13/2022
Workers whose doctors approve intermittent FMLA leave can essentially take time off whenever their condition flares up. Employers typically must wait six months to question intermittent leave certifications if the leave is for a condition of indefinite duration. However, if employers suspect intermittent leave abuse, they can demand recertification sooner.

You risk bias lawsuits if you bypass promotion rules

01/12/2022
When considering promoting an employee, carefully track all of the steps in the promotion process, from the initial job announcement to the final decision. Be sure to follow all your promotion procedures. And never let favoritism taint the process. Otherwise, you could be courting a bias lawsuit.

Paying with 91,500 pennies draws DOL’s attention—and more charges

01/11/2022
A Georgia business owner is being sued for retaliation after delivering a former employee’s final pay in the form of 91,500 oil-covered pennies dumped in the man’s driveway.

Harassment settlement requires boss accountability

01/06/2022
The EEOC has settled another sexual-harassment case for more than $1 million. It also extracted a novel promise from the employer: It will hold managers accountable for enforcing anti-harassment rules by making compliance one of their performance objectives.

Prepare to pay if class action alleges sex bias

01/06/2022
A huge number of gender-bias and sexual-harassment cases settled for big sums in 2021. Not to be outdone by million-dollar-plus settlements, another big employer threw in the towel to finish out the year.