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Employment Law

New OSHA record rules won’t stop controversy

04/02/2019
In January, the Occupational Safety and Health Administration made official several documentation changes it had announced in July 2018. Affected were OSHA forms used to record workplace injuries and illnesses.

Fired harasser can’t collect unemployment

04/02/2019
If you have a robust harassment policy that prohibits even a single incident of unwanted touching, rest assured that a fired harasser won’t be eligible for unemployment benefits.

Beware firing after employee has asked for FMLA leave

04/02/2019
Terminating an employee for absenteeism after she’s requested FMLA leave is likely to trigger a lawsuit.

Employees have three years to sue for willful violations of the FMLA

04/02/2019
Employers that retaliate against employees for taking FMLA leave may find themselves being sued a full three years after the alleged infraction.

Beware retaliation after race bias complaint

04/02/2019
Employees who file internal discrimination complaints are protected from retaliation for doing so, even if the complaint turns out to be unfounded. Something like a demotion or significantly different job duties can be retaliation.

Important questions and answers about the new overtime rule

04/02/2019
Last month’s much-anticipated overhaul of the salary threshold that determines when administrative, executive and professional employees are eligible for overtime pay means employers must now consider potential changes to their compensation plans. Here are some key Q&As from a new DOL fact sheet on the proposed change.

Paycheck Fairness Act clears House of Representatives

04/02/2019
The House of Representatives has passed the Paycheck Fairness Act, legislation first introduced in 1997 that would prohibit employers nationwide from asking job applicants about their past or current pay.

New rules tackle rate of pay, joint employment

04/02/2019
Regulators at the Department of Labor have been busy, issuing two new notices of proposed rulemaking in less than a week.

Employment law on Supreme Court docket

03/28/2019
In the three months before the Supreme Court’s 2018-2019 session closes, it will decide several employment law cases and may rule on the biggest issue the court could face this year: Whether Title VII of the Civil Rights Act bars discrimination on the basis of sexual orientation.

State OT thresholds may exceed new DOL rule

03/28/2019
Employers in some states have—or will soon have—more than federal wage-and-hour compliance to worry about if their exempt employees work overtime.