• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Unionization: Avoid Amazon’s labor mistakes

02/03/2022
Employers need to get up to speed now on how to respond to the threat of union organizing. Perhaps no organization provides better lessons on how not to respond than retail giant Amazon.

Let FLSA guide policy on pay for vaccinations

02/03/2022
OSHA’s vaccinate-or-test mandate is gone, but confusion remains for employers with their own vax policies wondering whether they must pay employees for time they spend getting covid shots.

Beware liability from ‘equal opportunity harasser’

01/27/2022
Because unlawful harassment must be aimed at a person who belongs to a protected class—based on race or sex, for example—“equal opportunity harassers” may be able to target all kinds of people without creating liability for their employers. But that may be about to change, thanks to a just-filed EEOC lawsuit.

Train bosses to avoid disability bias in hiring

01/27/2022
The EEOC, which enforces many of the nation’s anti-discrimination laws, is aggressively going after employers that put roadblocks in the way of hiring disabled people. Stay ahead of the feds by ensuring hiring managers know how the law protects disabled applicants.

Union membership fell in 2021

01/27/2022
Only 10.3% of American workers belonged to a union in 2021, down from 10.8% in 2020 and matching 2019’s unionization rate. The Bureau of Labor Statistics attributed the 2020 spike to pandemic-related job losses concentrated in nonunion workplaces.

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.