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Employment Law

Precisely document justification for policies

01/08/2020
Here’s an important reminder when creating or modifying employment policies: Treat every memo as if it will end up as evidence in a lawsuit.

Even settling harassment cases costs a fortune

01/07/2020
There are many compelling reasons to prevent sexual harassment and stop it if it occurs. One of the most practical reasons: Harassment cases are very expensive to resolve, whether in court or with a settlement.

Failing to accommodate pregnancy costs $170K

01/07/2020
Life Care Centers of America, a chain of 236 geriatric health care service providers in more than 35 states, must pay $170,000 to settle a Pregnancy Discrimination Act lawsuit.

Supreme Court takes another employment case

01/02/2020
The U.S. Supreme Court is still accepting cases for the current term, and on Dec. 18 agreed to hear an appeal in a pair of unique employment cases.

Uber, EEOC broker unique $4.4 mil settlement

01/02/2020
Uber and the EEOC have agreed to settle sexual harassment charges against the ride-hailing company, following a unique approach that could become a model for future settlements.

You must consider internal applicants

01/02/2020
Before you open a job listing to outside applicants, make sure you consider current employees. Ignoring them—especially those who possess the required experience and qualifications—can be a risky proposition.

NLRB extends timetable for scheduling union elections

01/02/2020
Most union elections will take place no sooner than 20 business days after being authorized, according to a new rule issued by the National Labor Relations Board. That’s significantly longer than the election schedules that have been possible since a 2014 NLRB decision dramatically compressed the election timeline.

Prevent bias lawsuits: Never simply rubber-stamp boss’s discipline recommendation

12/26/2019
Before approving a supervisor’s recommended disciplinary action, HR should conduct an independent investigation. It needn’t be extensive, but it’s essential to document that you checked into the facts of the case.

Flu season is here! FMLA, ADA and objections to vaccines

12/20/2019
Influenza season is well underway, and there is every indication that the flu bug will bite lots of workers this winter. Many will need time off to recover. That raises two important questions: Is that leave protected by the FMLA? Can employees lawfully refuse to get flu shots?

Coping with New York state’s new employment laws

12/20/2019
As we enter 2020, employers should review their policies and handbooks to make sure they take into account new laws recently enacted or about to go into effect. In particular, new rules make it easier for employees to file and win lawsuits.