A bill before the Pennsylvania General Assembly would make Pennsylvania one of the states most hostile to noncompete agreements. Pennsylvania House Bill 1938 would...
The California Division of Occupational Safety and Health—known as Cal/OSHA—is issuing more citations to employers that violate a General Industry Safety Order...
If employers lose an employment discrimination case, they end up paying the worker’s legal bills in addition to back pay and other monetary awards. But what happens if...
Employers can drug test employees as part of a safety program. The mere existence of a properly designed testing program does not invade a worker’s right to privacy.
When transgender employees notify an employer of a name/identity change, HR should treat the situation like any other legal name change, the U.S. Citizenship and...
The Department of Labor under the Trump administration has rescinded the six-factor test and now uses a “primary beneficiary test” in which seven factors are...
Essentially, a retaliatory hostile environment claim looks at situations in which life was made generally difficult for an employee in small ways that in themselves...
Under the California Fair Employment and Housing Act, workers with disabilities are entitled to reasonable accommodations. But once their employers have accommodated...
Draconian workplace rules that call for automatically firing workers who run out of leave have consistently been held to violate the ADA. That may be changing, at least...
Employers that withdraw a job offer following a pre-employment medical examination risk being sued. Counter by being able to point to a specific task or set of tasks the...
Sometimes, employers and employees decide to settle a workers’ compensation claim. But don’t assume that will put an end to the matter—unless you have expert legal...
Employers that require all employees to undergo medical exams either annually or following injury or illness may have a hard time justifying their policies under the ADA.
Employees are protected from retaliation for complaining internally about alleged discrimination. Some workers seem to think that means they can never be criticized or...
Under the California Fair Employment and Housing Act, employees who say they can’t work under a particular supervisor are not deemed to be disabled. Therefore, they...
The National Labor Relations Board has launched a formal bid to overturn a 2014 rule that sped up the election process required to certify union representation of a...
