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Employment Law

Refusing to hire a litigious applicant: Is that retaliation?

02/17/2022
Brian Flores, the fired coach of the Miami Dolphins, has turned himself toxic by filing a lawsuit alleging systemic racial discrimination, fraud and bribery. Yet any team refusing to hire Flores now because he sued over the NFL’s discriminatory hiring practice would likely be committing unlawful retaliation.

Ensure bosses accurately track employee hours

02/17/2022
The Fair Labor Standards Act requires employers to accurately track all the time employees work. In many organizations, the task falls to front-line managers and supervisors. That sometimes creates a conflict: Bosses under pressure to control labor costs may be tempted to require employees to work off the clock.

Pregnancy accommodation could become law

02/17/2022
It’s been several years since significant worker-protection legislation has been enacted. That could be about to change. The Pregnant Workers’ Fairness Act is gaining support from Democrats and Republicans alike.

Check hiring records for signs of hidden bias

02/17/2022
It’s hard to know exactly what’s going on down on the retail, warehouse or factory floor when you’re not there. However, you must find out. Hiring managers may be ignoring HR rules in ways that could trigger employment lawsuits.

DOL raises penalties for 2022

02/15/2022
The Department of Labor has announced the 2022 inflation adjustments to penalties for violations of the Fair Labor Standards Act, the FMLA and the Employee Retirement Income Security Act.

No more forced arbitration of harassment claims

02/15/2022
If you ask employees to sign agreements requiring arbitration of work-related disputes or claims, call a meeting with your attorney right away. Congress just passed and President Biden is expected to sign legislation that prohibits employers from requiring arbitration of sexual harassment claims.

Beware discipline for work not done during FMLA leave

02/10/2022
When employees take FMLA leave, sometimes their employers just let the work pile up, to be completed when the employee returns. That can be dangerous if the employee can’t catch up and is punished.

Never manipulate pay or hours to avoid OT

02/10/2022
Tempted to play loose with the overtime rules to save money on labor? Bad idea. You will attract the Department of Labor’s attention.

EFCA rises again in House bill, but will it survive conference?

02/08/2022
Pro-union measures that were once part of the dreaded, never-enacted Employee Free Choice Act made it into the final version of the America COMPETES Act of 2022 that passed in the House of Representatives on Feb. 4.

No, you cannot require at-will employees to stay

02/03/2022
Employment at-will means employers and employees alike are free to end the employment relationship at any time for any reason, or even no reason at all. One employer recently got lost on that two-way street.