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Employment Law

Congress takes up legislation that could affect HR, employers

02/23/2021
For the first weeks of 2021, Congress has focused on other matters—the Capitol insurrection, impeachment, President Biden’s cabinet nominees, the coronavirus relief initiative—but now it is turning to new legislation that could affect employers.

Snapshot: Lawsuits filed by the EEOC

02/23/2021
During the Trump administration, the EEOC increasingly took the view that “litigation is truly a last resort.” As a result, EEOC lawsuits fell dramatically.

Are unpaid internships a thing of the past?

02/19/2021
In a new LiveCareer survey of 1,000 workers who’ve had internships, more than three quarters (77%) said they were paid for their work.

As jobs declined, union participation rose in 2020

02/19/2021
Although the country saw historic job losses due to the pandemic in 2020, it also saw a jump in the percentage of U.S. workers who are members of a union to 10.8%, up from 10.3% in 2019.

Risky business: Think twice before firing ‘sickly’ worker

02/18/2021
Never treat as disabled employees who recover from a medical emergency. Sure, some health problems cause long-term disability. But assuming someone is disabled when they’re not and taking an adverse action against them violates the ADA. The law prohibits “regarding” someone as disabled.

Retailers face employees’ covid-related lawsuits

02/18/2021
By early February, almost 200 employees had filed covid-related lawsuits against their retail employers.

Hold off turning remote staff into contractors

02/18/2021
As a potential cost-saving measure, some employers have begun contemplating converting remote employees to independent contractor status. Not so fast!

Change is coming to NLRB: New leadership, rescinded memos

02/16/2021
Between appointing a new lead attorney and acting to reverse several recent labor-relations memoranda, the Biden administration is moving swiftly to undo Trump-era actions that affected the labor landscape.

Facing EEOC complaint? Consider conciliation

02/16/2021
When the EEOC decides to sue for discrimination, that means an employer will soon be in for a long, costly legal battle. However, the EEOC is statutorily required to attempt to resolve findings of discrimination through “informal methods of conference, conciliation and persuasion.”

Google $3.8M settlement shows equal-pay risk

02/11/2021
Ignoring your obligation to provide equal pay for equal work can be expensive. Google just agreed to pay millions to fix illegal pay disparities. Advice: Ferret out pay imbalances before a federal agency (or class-action lawyer) decides to make an example of your organization.