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Employment Law

Supreme Court delivers arbitration win for workers

06/02/2022
A unanimous U.S. Supreme Court just made it harder for employers to require employees to arbitrate instead of litigate, even if employees have signed agreements promising to resolve all employment-related complaints through arbitration.

Beware ‘salaries’ that stiff hourly employees

06/02/2022
Most employers comply with the FLSA in a straightforward way by tracking all time worked and calculating each week’s paychecks down to the minute. But every now and then, an employer tries to play fast and loose with the FLSA rules. That usually spells trouble if the Department of Labor finds out.

NLRB helps a new breed of activists unionize

06/02/2022
After decades of declining union membership, the National Labor Relations Board has begun playing an active supporting role in organized labor’s recent success winning union representation elections.

Bill would disallow employer tax breaks for anti-union activity

06/01/2022
The Senate Finance Committee could soon begin holding hearings on legislation that would deny employer tax deductions for any money spent “to influence their employees with respect to labor organizations or labor organization activities, such as elections, labor disputes and collective actions.”

Wells Fargo shows how not to foster diversity

06/01/2022
78% of employers surveyed earlier this year by the WorldatWork association said they had recently either implemented or were planning to implement a diversity, equity and inclusion initiative at least in part to assist recruitment. But good intentions will only get you so far down the path toward workforce diversity. You also need buy-in from hiring managers. And merely paying lip service to your initiative may backfire.

Warn bosses about adverse action after bias complaint

05/26/2022
Once an employee’s discrimination lawsuit gets to court, anything can happen. In fact, it’s common for employees to lose on their initial discrimination or harassment claims but still win an associated retaliation claim. That’s why you must train managers that any adverse action—even as minor as a schedule change—can be interpreted as retaliation if it comes after an employee has complained about bias or harassment

Even temporary conditions can be disabilities

05/26/2022
It’s a misconception that an employee must have a permanent, long-term medical condition in order to be covered by the ADA. Not true! A temporary serious health condition can still qualify as an ADA disability.

Fairness can overcome managerial stupidity

05/26/2022
Employers that are generally fair and reasonable can bounce back from isolated instances in which managers make stupid mistakes that look discriminatory. Having a history of fair and transparent promotions and pay increases tends to demonstrate that an employer doesn’t intend to discriminate.

Don’t let bosses override accommodations

05/26/2022
Whether you handle accommodation requests internally or through a third party, make sure you don’t undo all your efforts by letting supervisors override accommodation recommendations and implement their own measures.

Sweeping FLSA revision advances in House of Representatives

05/24/2022
Nominally, the Wage Theft Prevention and Wage Recovery Act (H.R. 7701) would require employers to provide detailed pay stubs and issue final pay in a timely manner.