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Employment Law

Work with IT to capture agreement to arbitrate

07/30/2019
Now that most hiring is handled electronically, it’s easier than ever to collect an employee’s acknowledgment that he agreed to the terms of an arbitration agreement.

Retaliation claim can live on long after original harassment claim is resolved

07/30/2019
Employees who allege harassment are protected from retaliation for filing their complaints. Punishing such an employee can amount to illegal retaliation. Even something as minor as assigning more work for the same pay can look like retaliation.

Your best legal defense: Treat all employees fairly and equitably

07/30/2019
Employers that always treat employees equally rarely lose discrimination lawsuits. That’s why HR departments should scrutinize every employment decision—hirings, promotions, demotions, firings, training assignments and so forth.

‘Ministerial exception’ may not cover schools

07/30/2019
Back in 2012, the U.S. Supreme Court provided some limited protection for religious organizations in their role as employers. The court outlined a test for the exception, which consists of four factors. Here’s how that played out in a recent case.

OK to punish insulting language in complaint

07/30/2019
HR specialists and managers know they can’t punish a worker for complaining about discrimination or many other internal complaints, including whistleblowing. But that doesn’t mean your hands are tied when the complaint itself is delivered in an outrageous way.

Anti-harassment policies evolving after #MeToo

07/30/2019
In a survey, 51% of companies reported reviewing their sexual harassment policies since the #MeToo movement emerged as a cultural and business force in the fall of 2017.

House votes to raise federal minimum wage to $15 per hour

07/23/2019
The House of Representatives voted July 18 to raise the federal minimum wage to $15 per hour by 2025, passing legislation that will probably not have even a committee hearing in the Republican-controlled Senate.

Scalia gets nod to become next secretary of labor

07/23/2019
President Trump announced July 18 that he would nominate Eugene Scalia to replace Alexander Acosta as secretary of labor.

Anti-military bias is self-inflicted wound

07/23/2019
Warn all your supervisors: Discriminating against employees because of their military service is against the law. That means no one in a position of power may make negative comments about employees who must participate in military training sessions as part of their reserve duties.

Expanded definition of sexual harassment may be wave of future

07/19/2019
Laws recently enacted by the state of New York may signal a new standard for deciding what constitutes sexual harassment.