Hot Topics in Employment Law


For that reason, it’s important for supervisors and managers to understand the basics of employment laws and regulations to maintain proper compliance. At-Will Employment. According to The National Conference of State Legislatures, at-will employment means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without suffering legal liability. Age Discrimination in Employment Act (ADEA).

Is Minor ‘Offensive’ Conduct Enough to Prove Hostile Environment?

HR Daily Advisor

In addition to teaching and performing administrative duties beginning in 2008, Albright was responsible for the college’s student and employee health services. She reported his comment to the college’s compliance hotline but never received a response or any follow-up. To prove that she was discriminated against on the basis of her gender, Albright had to show that she suffered an adverse employment action and that her male coworkers were treated differently.


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EffortlessHR Enhances Services’ Value for Customers with New Compliance Center

Effortless HR

Tucson, AZ (June 13, 2017) – EffortlessHR™ has expanded its partnership with Enquiron ® to deliver the EffortlessHR Compliance Center, a custom-tailored employer solution with a focus on HR and employment law. Each EffortlessHR customer will have instant and unlimited access to award winning employment law advice and content, such as articles, guides, forms, HR resources, tools, online training, and more.

Interactive Process Requires More Than Just Lip Service, But When is Enough Enough?

HR Daily Advisor

The Americans with Disabilities Act (ADA) and similar state laws prohibit discriminating against a qualified employee or job applicant on the basis of an actual or perceived disability. Read on to find out what one employer did to fulfill its obligation and whether it was enough to avoid liability. After rehabilitation, he returned to work as a journeyman lineman for several different employers, although he was medically restricted from wearing steel-toed boots.

What is GINA? The federal discrimination law you need to know.

Business Management Daily

The federal law has been around for a decade, yet many employers still don’t know exactly how to comply. GINA essentially bars using genetic information in employment decisions and bars acquiring genetic information improperly. GINA bars employers from discriminating against or harassing employees based on their genetic information. The law also protects employees from employer retaliation. It prohibits genetic information employment discrimination.

Why I’m a management-side lawyer

Ohio Employer's Law

Today, I look all the way back to April 15, 2008, for one of these reruns, to answer the question—. But they do, and companies, even those with the best of intentions, run afoul of the complexities of our myriad employment laws. It’s an opportunity to train employers how to handle an employee relations problem better the next time. It’s my job to make sure that employers understand this dynamic.

Dispute Over Job Requirements Defeats Summary Judgment on Disability Discrimination Claim

HR Daily Advisor

The New Jersey Supreme Court recently permitted a disabled nurse to proceed to trial on her claim that the termination of her employment constituted disability discrimination. The court based its decision on a factual dispute over the physical requirements of the nurse’s job, her employer’s apparent failure to consider potential accommodations for her disability, and a lack of evidence that her return to work posed a risk of harm to herself or others.

OSHA's new Whistleblower Investigations Manual creates a huge burden for employers

Ohio Employer's Law

For most of those OSHA-enforced anti-retaliation statutes, OSHA has made employers’ anti-retaliation compliance a whole lot more difficult. In that Manual, OSHA both significantly decreased the showing that a complaining party must show to establish a whistleblower retaliation claim, while, at the same time, significantly increased the burden an employer must meet to demonstrate that it took the challenged adverse action for a legitimate business reason and escape liability.

Workplace Retaliation: What It Is, and Why You Should Avoid It


Data from the Equal Employment Opportunity Commission (EEOC) shows that retaliation topped the list of all claims filed with the agency in fiscal year 2020. Retaliation may include adverse employment actions such as the following: Disciplinary measures. Compliance

Top 10 HR trends of the decade


Younger employees, who didn’t live through the economic downturn of 2008, may not understand the difficulties of job markets during a recession. It also leaves HR personnel free to handle more advanced work, such as training and development, compliance management and data analysis. Also called contingent workers, such self-employed contractors generally work on a per-project basis.

Refusal to Undergo Medical Exam Tanks Michigan Worker’s ADA Claim

HR Daily Advisor

In 2007 and 2008, he alleged that a coworker made disparaging comments about his national origin (Mexican) and complained to his union chairman and supervisor. He was reprimanded twice in early 2008 for failing to carry out his job duties. Sam was cleared by his doctors and returned to work on March 25, 2008. Perhaps most interesting to employers is the portion of the court’s decision pertaining to Sam’s ADA claim. The U.S.

ADA and FMLA Best Practices Pay Off for Cash-Handling Company

HR Daily Advisor

5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently upheld a jury’s verdict in favor of an employer on an employee’s lawsuit under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The verdict was the result of several things the employer did correctly in response to the employee’s medical issues. Melissa” began working as an armored truck driver and guard for Loomis Armored US, LLC, in 2008.

Illinois law regulating use of AI in hiring goes into effect


A new Illinois law places requirements on employers who video record interviews with job applicants and then use an artificial intelligence system to analyze the responses, demeanor, and mannerisms of the prospective employees. The law went into effect January 1, 2020.

Leave to Care for an Extended Family Member? HR Must Ask the Right Questions

HR Daily Advisor

On the other hand, the statute also requires employers to request more information from workers requesting leave, if their eligibility is unclear. 9, 2017)), shows just how far employers have to go. The employer denied the request, informing him that the FMLA doesn’t cover leave for grandparents. The district court agreed with the employer. Employer Takeaway. Some courts had interpreted the old regulations to require less from employers, the 2nd Circuit noted.

Disability Discrimination: Terminated Cancer Survivor’s ADA Claim Fails, Part 1

HR Daily Advisor

From roughly 2005 to 2008, she often took medical leave for medical appointments. In April 2008, Willow wanted to apply for a promotion to operations lead. Medtronic management received three customer complaints referencing calls Willow handled between July and September 2008. In July 2008, Kristy told Willow she would not be promoted to principal patient services specialist, citing one of the patient complaints as a reason. By Steve Jones. The U.S.

Employer Breastfeeding Laws by State


When President Obama made the Affordable Care Act (ACA) the law of the land in 2010, new amendments to the Fair Labor Standards Act (FLSA ) addressing breastfeeding in the workplace went into effect. The new guidelines require all employers in every state to provide reasonable break time for an employee to express breast milk for their nursing child for one year after the child’s birth. While the federal government laid the foundation, 32 states have built upon the basic law.

Terminated Problem Employee Points to Discrimination, Retaliation as True Motives

HR Daily Advisor

Court of Appeals for the 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently upheld an employer’s trial court victory, providing useful guidance for employers seeking to manage difficult employees in the midst of workers’ compensation claims. as a machinist in August 2008. Ted received both written warning notices and oral warnings throughout much of his employment. The U.S.

Biometrics and New Privacy Concerns


A recently filed class action suit in Illinois could be the signpost for “a new employment law frontier,” according to at least one law firm. District Court for the Northern District of Illinois centers around the state’s Biometric Information Privacy Act , which was passed in 2008 to prohibit the gathering and keeping of individuals’ biometric information without his or her prior notification and written permission.

Six Months on Capitol Hill: 2021’s Impacts on HR

Astron Solutions

Between navigating through a global pandemic and a tense presidential campaign/election season, 2021 has led to a number of legislative changes for employerscompliance efforts. Have local or federal government enacted laws to enforce DEI efforts?

My Take: Macroeconomic uncertainty makes a return thanks to the coronavirus


Glassdoor’s anonymous review site was first launching in 2008 and didn’t have the influence on employer reputations it has today. Make sure you’re in compliance with the law. Review local, state, and federal employment laws and regulations.

3 Steps to Protect Information While Leveraging Social Media

HR Daily Advisor

The number of companies maintaining a corporate presence on social media rose from 34% in 2008 to 77% in 2013 according to SHRM Survey Findings: Social Networking Website and Recruiting/Selection. partner with the law firm of Faegre Baker Daniels LLP., and editor of Indiana Employment Law Letter —the rise of social media comes with both pros and cons for employers. Garrison cautions employers to slow down and not jump to conclusions.

What is the Key to Employee Retention?

Abel HR

million Americans quit their job EACH MONTH in 2008—marking the highest rate of turnover since the oh-so-fun recession of 2001, according to a recent report from the National Bureau of Labor Statistics. Now, before we delve into how a Professional Employer Organization like Abel HR can help you drive growth , we wanted to address one of the biggest misconceptions about providing upskilling. A staggering 3.5

Can’t Blame it on the Accountant: Employer Pays $2M for Wage Violations

HR Daily Advisor

While employers can sometimes avoid extra liability in wage and hour claims by showing that they tried to comply with the law, that defense was of no use to an employer who, despite using an accountant, falsified employee time records. Going a step further, a district court also found that the violations were willful—a conclusion that extends the law’s statute of limitations from 2 years to 3. Employer Takeaway.

Federal Appeals Court Holds Transgender Employees are Protected Under Title VII

HR Daily Advisor

Can an employer have religious objections to continuing a transgender employee’s employment? Delores complained to the Equal Employment Opportunity Commission (EEOC), which took up her case. The appeals court relied on a case from 2008 (the law develops slowly, but develop it does) that dealt with an identical situation. Here is the 6th Circuit: “Bare compliance with Title VII—without actually assisting or facilitating Delores’.

SHRM Article - Increased Audits by ICE


The number of I-9 audits multiplied over the past decade, rising from almost none—just three in 2004—to 500 in 2008 and 3,004 in 2012. Employers should pay attention accordingly, as the fines for substantive and procedural violations of the Immigration Reform and Control Act (IRCA) can add up quickly, Daniel Brown, an attorney with Fragomen in Washington, D.C., said on March 12, 2013, at the Society for Human Resource Management’s 2013 Employment Law & Legislative Conference.

The Complex Intersection of Medicare and COBRA: Some Helpful Guidelines

HR Daily Advisor

Medicare and the Consolidated Omnibus Budget Reconciliation Act (COBRA), alas, are nothing like chocolate and peanut butter: Two incredibly complex laws that are more than doubly confounding together. But the rules are confusing not just because the laws themselves are Byzantine—which they are—but also due to conflicting language issued in official government guidance and rules. and practiced in the Labor & Employment Department at Sidley & Austin, LLP in Chicago.

8th Circuit: ‘Economic Conditions’ Did Not Allow Unequal Pay

HR Daily Advisor

It introduced evidence that it experienced negative effects because of the economic recession that began in 2008 and that it laid off several employees, restructured job responsibilities, and froze merit-based pay raises to reduce costs. It submitted evidence that the Office of Federal Contract Compliance Programs (OFCCP), a U.S. The employer offered testimony that it began to feel the effects of the economic recession in October 2008. The U.S.

The Economist's Talent Management Summit and the new rules of.

Strategic HCM

But increasingly asking for this unthinking compliance just turns people off. This challenge and conflict is still engagement (its the silent cynical compliance which is non engaged). ► 2008. skip to main | skip to sidebar. Bio-Contact. Consulting. Speaking. Writing. About-HCM. Welcome. Welcome height=200 id=Image1_img src=[link] width=220/>. Connect with me. Jon Ingham. Contact me at. info [at] strategic [dash] hcm [dot] com. Skype: strategic-hcm. +44 44 7904 185 134.

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Ep 100 – Frank Discussions About Sexual Harassment at Work & the Election


According to a 2008 study by the Association of Women in Action, 54% of the respondents reported to have experienced some form of workplace sexual harassment. Kate is a HR practitioner and consultant who also has extensive experience in sexual harassment cases as she is also a lawyer and employment law attorney. The cases involving women are among about 130 employment cases in total with some dating back to the 1980s. Yes, Compliance is Sexy.

Diversity rising up the Agenda ~ HR to HR 2.0 and Human Capital.

Strategic HCM

suggesting that 57% of employers say diversity and inclusion will become more important over the next five years. Less positive however is that most of these strategies are devoted to compliance with legislation or (still important but) lower value issues such as bullying and harassment (87%), interview and assessment (82%) and candidate attraction (76%). ► 2008. skip to main | skip to sidebar. Bio-Contact. Consulting. Speaking. Writing. About-HCM. Welcome.

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