Independent-Contractor Classifications May Need to Be Reviewed

SHRM Resources

Now that the Biden administration has announced plans to crack down on the misclassification of employees as independent contractors, employers should audit who they. HR Expertise Contingent Staffing Employee Relations Compliance Employee Relations Employment Law Talent Acquisition

3 Ways DE&I Programs Can Run Afoul of Employment Laws

SHRM Resources

Employee Relations Employment Law Equal Employment Opportunity (EEO

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Equity Audits Address Racism in the Workplace

SHRM Resources

Employee Relations Employment Law Equal Employment Opportunity (EEO More companies are looking to address racism in the workplace by conducting formal racial equity audits.

?An Introduction to Global Employment Law

New to HR

While we have countless country and labour laws protecting our interests based on not only culture but societal needs, newer countries to the stage offer their own challenges as lawyers and HR professionals work to foster aligning business practices globally without offending the needs of specific cultures and their inherent identity. A fully global employment law does not exist. Instead, local companies are bound to their country’s domestic law.

Are Your Questions Undermining Your Investigations?

SHRM Resources

Employee Relations Employment Law Equal Employment Opportunity (EEO

Viewpoint: Top 10 Reasons Why Employees Sue Their Employers

SHRM Resources

Many employment lawsuits could be prevented if employers focused on certain aspects of their workplace environment and recognized employee warning signs. Employee Relations Employment Law Equal Employment Opportunity (EEO

Risky Business: Calmer Heads Prevail in Employee Relations

PerformanceICreate

There are a few different profiles when it comes to organizational risk as it pertains to Employee Relations. They expect employee claims and suits to come against them, but that doesn’t move them much. On the other end of the spectrum, you have the risk-averse organizations who would rather die than to be sued by an employee. Employee claims will happen. . Calmer heads in Employee Relations will always prevail. .

Officer’s Retaliation, Discrimination Claims Dismissed

SHRM Resources

A law enforcement officer for the Illinois Gaming Board could not prove First Amendment retaliation or disability discrimination when he was placed on administrative leave after showing signs of paranoia, the 7th U.S. Employee Relations Employment Law Equal Employment Opportunity (EEO

Discrimination Verdict Upheld Based on False Justifications for Discipline

SHRM Resources

Circuit Court of Appeals upheld a verdict finding United Airlines had willfully discriminated against two older flight attendants under the Age Discrimination in Employment Act. Employee Relations Employment Law Equal Employment Opportunity (EEO The 10th U.S.

Committee Approves Antidiscrimination Protections for Older Job Applicants

SHRM Resources

A congressional committee recently passed the Protect Older Job Applicants Act of 2021, clarifying that external job applicants can bring disparate impact discrimination claims under the Age Discrimination in Employment Act. Employee Relations Employment Law Equal Employment Opportunity (EEO

Discrimination Claim Unsuccessful for Allegedly Insubordinate Employee

SHRM Resources

An employee who was purportedly insubordinate failed to demonstrate her suspension was based on gender discrimination when the alleged biased supervisor was not involved in the decision to suspend the employee. Employee Relations Employment Law Equal Employment Opportunity (EEO

$137 Million Jury Award Against Tesla Reduced to $15 Million

SHRM Resources

Employee Relations Employment Law Equal Employment Opportunity (EEO A federal judge reduced a $137 million award against Tesla in a race bias lawsuit to $15 million on April 13 but rejected the electric carmaker’s request for a new trial.

Should ‘Deskless’ and Office Workers Be Treated Differently?

SHRM Resources

With the recent focus on the return to worksites and hybrid work, employers risk overlooking “deskless” employees who never had the option to work remotely. Employee Relations Employment Law Equal Employment Opportunity (EEO

4 Steps for Handling Religious Objections to Workplace Vaccine Mandates

SHRM Resources

Employers generally must explore reasonable accommodations for employees who refuse to get vaccinated against the coronavirus based on a sincerely held religious belief—but objections based on personal or political views are not protected under federal anti-discrimination laws.

Jury Awards Former Tesla Worker $137 Million in Race Bias Suit

SHRM Resources

Employee Relations Employment Law Equal Employment Opportunity (EEO

EEOC Makes Final Extension to EEO-1 Reporting Deadline

SHRM Resources

?Covered employers now have until Oct. Equal Employment Opportunity Commission (EEOC). Here's what employers need to know ahead of the deadline. Employee Relations Employment Law Equal Employment Opportunity (EEO

HR Functions Can Be Protected Activity Under Title VII

SHRM Resources

Employees are engaged in activity protected by Title VII of the Civil Rights Act of 1964 when they investigate discrimination complaints and enforce equal employment opportunity policies, even if those tasks are part of their job duties.

Black Male Employee’s Equal Pay Act Claim Advances

SHRM Resources

An employer's failure to show that its reason for a wage disparity explained the disparity, rather than being a possible explanation, was enough for an Equal Pay Act claim to go forward. Employee Relations Employment Law Equal Employment Opportunity (EEO

Bias Lawsuit Filed One Day After Expiration of Statute of Limitations Might Go Forward

SHRM Resources

The trial court was not required to dismiss a race and age bias lawsuit under California’s Fair Employment and Housing Act that was filed one day after statute of limitations expired. California Employee Relations Employment Law Equal Employment Opportunity (EEO

President Signs Bill Banning Mandatory Arbitration for Certain Claims

SHRM Resources

Employers may want to review their arbitration agreements now that President Joe Biden has signed a bill into law banning enforcement of pre-dispute arbitration pacts.

Biden Administration Encourages Congress to Act on Equal Rights Amendment

SHRM Resources

Employee Relations Employment Law Equal Employment Opportunity (EEO) GenderThe U.S. Department of Justice recently showed its support for Congress to remove a legal barrier preventing enactment of the Equal Rights Amendment to the U.S.

Unequal Treatment Allegations Necessary to Establish Gender Identity Discrimination

SHRM Resources

When a transgender employee alleges disparate treatment discrimination under Title VII of the Civil Rights Act of 1964, the worker must support the claim with allegations demonstrating treatment different from that of a comparable person outside the protected class, the 5th U.S.

IBM Defends Itself from Allegations of Age Bias

SHRM Resources

Employee Relations Employment Law Equal Employment Opportunity (EEO

Refusal to Provide Religious Accommodation Requires Proof of Undue Hardship

SHRM Resources

Evidence was inconclusive on whether an employer's reason for refusing to hire the plaintiff based on concerns his religious obligations would interfere with his ability to perform the job duties was a pretext for discrimination, a federal district court ruled.

Sex Discrimination Claim Citing Supervisor’s Preference for Paramour Fails

SHRM Resources

Circuit Court of Appeals rejected a plaintiff’s claim that the elimination of his job was sex discrimination because his supervisor had a consensual sexual relationship with a female subordinate who remained employed. Employee Relations Employment Law Equal Employment Opportunity (EEO

Employer Was Not Liable for Harassment of Transgender Woman

SHRM Resources

A transgender woman could not establish employer liability for a co-worker’s threatening statements and conduct that the employer investigated but could not immediately stop, or for retaliation, the 6th U.S. Employee Relations Employment Law Equal Employment Opportunity (EEO

With a stay in place, what should you do about vaccine mandates?

Business Management Daily

The information presented here comes from a recent webinar—Vaccines, Mandates & Masks: Legal and Practical Solutions for Your Workplace—presented by Helen Holden, a partner at the law firm of Spenser Fane, who specializes in employment law. Counting 100+ employees.

Generalized Statements Were Insufficient to Show Discriminatory Intent

SHRM Resources

An employer's termination of an employee for violating policy after receiving prior discipline was enough to establish a legitimate nondiscriminatory reason for discharge, according to the 8th U.S. Employee Relations Employment Law Equal Employment Opportunity (EEO

Tis the Season for Employment Law Compliance

Tandem HR

With all of the upcoming holidays, employers may be wondering if they are legally obligated to offer employees paid time off for any of them. Is there an employment law compliance or any obligations regarding cultural holidays and religious beliefs? Here’s what business owners need to know: Contrary to popular belief, there are no federal or state laws requiring employers to give paid time off for holidays. Does this law apply to every business?

Wanting ‘Someone Younger’ for Different Job Relevant to Age-Bias Suit

SHRM Resources

In a case alleging age bias, a statement by a university employee that the university was looking for someone younger for a different position was relevant and should have stopped the trial court from dismissing the claim before trial, a California appeals court ruled.

Expect More Scrutiny of Affirmative Action Programs

SHRM Resources

Employee Relations Employment Law Diversity and Inclusion Equal Employment Opportunity (EEO The Office of Federal Contract Compliance Programs (OFCCP) is ramping up its enforcement of federal contractors' affirmative action programs.

Procedural Irregularities May Allow a Jury to Conclude Hiring Reason Was False

SHRM Resources

Irregularities in a college's hiring interview process could allow a reasonable jury to conclude that the employer's reason for choosing a white applicant over a Black applicant was false, the 1st U.S. Employee Relations Employment Law Equal Employment Opportunity (EEO

Removed Department Chair’s Age-Discrimination Claim Rejected

SHRM Resources

Employee Relations Employment Law Equal Employment Opportunity (EEO The 7th U.S.

What Star Wars teaches us about employee relations #TheForceAwakens

Ohio Employer's Law

The premier of Episode VII has got me thinking, what can Star Wars teach us about employment law? Let your employees post to Facebook and shop on Amazon. Each offers a real benefit that will help you attract and retain good employees. Employees often view the HR department, and by extension, the employment lawyers that help guide them, as agents of the dark side. Related Stories Should you allow employees to shop online from work?

Salon Response to Customer Proposition May Have Created Hostile Work Environment

SHRM Resources

Employee Relations Employment Law Equal Employment Opportunity (EEO

Denial of Promotion OK’d When Employee Failed Assessment

SHRM Resources

An employer was not liable for age discrimination when it denied a promotion to a septuagenarian who had failed the employer's standard assessment test, according to the 7th U.S. Equal Employment Opportunity (EEO)--Employee Relations Employment Law Employment Testing

I struggled with burnout – don’t let your staff struggle too

TLNT: The Business of HR

As a partner in a national labor and employment law firm (as well as being a mother to three young daughters), I have witnessed and experienced the mental health impacts of the pandemic on the nation’s workforce.

AI: Discriminatory Data In, Discrimination Out

SHRM Resources

Equal Employment Opportunity (EEO)--Employee Relations Talent Acquisition Compliance Employment Law Technology--Compliance

Is this the worst employment law decision of 2017?

Ohio Employer's Law

Raimondo —holding an employer’s attorney for liable for FLSA retaliation against his client’s employee because the employee sued his client for unpaid overtime—I’m thinking of adding the 9th Circuit to my list of tourist stops in San Francisco to see if courthouse resembles a Salvador Dali painting. Raimondo did not deny his role in setting up the sting, and claimed instead that he could not be liable under the FLSA for retaliating against someone who was never his employee.

Paycheck Protection Program: What to Do if Your Rehire Offer Is Rejected

SHRM Resources

New guidance that helps Paycheck Protection Program (PPP) borrowers with loan forgiveness may lead to a tricky employee relations issue. Employment Offers Employment Law