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Employment Law

Pandemic workers’ comp waivers? A really bad idea

06/18/2020
A Nevada restaurant last month began requiring workers to sign a safety liability waiver before it allowed them to return to work after COVID-19.

No day camp…no problem: Paid FMLA leave may still apply

06/18/2020
According to the Department of Labor, paid FMLA leave isn’t available after schools close for the summer, because that’s not a coronavirus-related reason. But, up to 12 weeks of paid FMLA leave may be available, if camps or other programs in which employees’ kids were enrolled didn’t open due to the coronavirus.

Steer clear of basing pay on previous compensation

06/18/2020
Attorneys who represent employees and job applicants are starting to win equal-pay cases they might have lost in years past. They are claiming that basing a new employee’s starting pay on how much he or she earned before so perpetuates past bias that it is itself a discriminatory act.

4 steps to stamp out anti-LGBT discrimination

06/18/2020
Priority No. 1: Make sure everyone in your organization understands that you will not tolerate any form of anti-gay discrimination or harassment.

Be alert for persistent racist threat: nooses

06/18/2020
The EEOC and plaintiff’s lawyers routinely sue employers that ignore racially hostile work environments. Those suits are almost impossible to beat if harassment takes the form of racist epithets and symbols such as nooses.

EEOC guidance covers how covid affects ADA, other laws

06/18/2020
The EEOC has posted an updated and expanded technical assistance publication addressing questions arising under the federal equal employment opportunity laws related to the coronavirus pandemic.

Beware misclassifying covid-19 teleworkers

06/18/2020
The mass, covid-inspired migration from office work to telework has been surprisingly seamless for many employees and employers. But in some cases, the move has triggered wage-and-hour compliance problems that few would have anticipated.

Poll: Racism at work a problem—elsewhere

06/16/2020
How has your organization responded to the nationwide racial justice protests that exploded last month after the death of George Floyd? Here’s a snapshot, along with employees’ view of racism in the American workplace, based on a survey of 750 workers by marketing rating firm Clutch.

Employees can’t be fired because they are gay

06/16/2020
The U.S. Supreme Court ruled June 15 that discrimination based on an employee’s status as a gay or transgender person is prohibited by the sex discrimination provisions of Title VII of the Civil Rights Act.

Technicalities not the best bet to win FLSA lawsuits

06/14/2020
Employers can try to cite technicalities to get out of wage-and-hour liability, but they may run into trouble when they go up against real nit-picking experts: the federal government.