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Employment Law

Lawsuit alert: Beware disciplining for infractions of seldom-enforced rules

03/15/2019
Sometimes, supervisors get frustrated with workers they consider trouble makers because they complain all the time. Those bosses need to think twice before they retaliate by strictly enforcing work rules—especially if they have often ignored those rules in the past.

Most self-medication with marijuana remains illegal, and is grounds for discharge

03/15/2019
A federal court has ruled that a worker’s self-administration of an illegal drug for pain relief was grounds for discharge under an employer’s drug policy.

Accommodate lactation needs of new mothers

03/15/2019
Employers that prohibit necessary lactation breaks or who retaliate against women for trying to take breaks may violate the sex discrimination provisions of Title VII.

White House proposes 10% budget cut for DOL

03/14/2019
President Trump’s budget request, released March 11, seeks $10.9 billion for DOL activities in fiscal year 2020, about $1.9 less than FY 2019.

Federal courts add another twist in the road to pay equity

03/13/2019
The U.S. Supreme Court just rejected an equal pay lawsuit for a most unusual reason. Even so, employers can learn valuable lessons from the case.

Transgender football player wins $20,000 for bias

03/13/2019
For the first time a transgender person has won an employment discrimination award under the Minnesota Human Rights Act.

Don’t assume disability because of prescription

03/13/2019
If you learn an employee is taking a prescription containing a controlled substance, make sure you don’t make assumptions about disability. You don’t want to be accused of violating ADA “regarded as disabled” provisions.

Audit training to identify possible discrimination

03/13/2019
Make sure your training programs don’t discriminate, especially if promotions and pay raises depend on training.

Another reason to track absenteeism: It can rule out unemployment benefits

03/13/2019
If you want to terminate for attendance problems, make sure you consider only unexcused absences when making your decision.

$4.2 million firing: Back pay, pain & suffering, punitive damages—and then front pay, too

03/13/2019
Unfairly terminating a worker could spark a lawsuit that costs your organization millions of dollars.