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In response to a lawsuit, a federal judge has instructed the EEOC to reconsider regulations concerning how employer wellness programs interact with the ADA and the Genetic Information Nondiscrimination Act.
In recent years, employers have seized on biometric technologies such as fingerprint scanning as a way to control time-clock abuse. But before you rush out to buy the latest in technology, be sure to check with your attorney or your state labor department.
Punishing a worker for using FMLA leave is illegal retaliation—and the punishment doesn’t have to be something big like termination. Even seemingly minor acts can qualify as retaliation if they would dissuade a reasonable worker from using FMLA leave in the first place.
Under some circumstances, an employer may be fully justified in requiring an employee to undergo a psychiatric or other medical exam. Doing so won’t violate the ADA if it is job related and consistent with business necessity.
Employees are entitled to reasonable accommodations for disabilities in order to perform the essential functions of their jobs. But employers don’t have to guess whether an employee needs an accommodation—the employee must ask for help.
Under Texas law, employees who report alleged child abuse are protected from retaliation for doing so. Being discharged within 60 days after such a report creates a rebuttable presumption that retaliation occurred. Be prepared to rebut that presumption if you decide to terminate the employee within that time frame.
It is crucial for HR to follow up regularly with a worker who has complained of discrimination to see if she has any possible retaliation to report. Something seemingly as minor as a changed schedule or slightly reduced hours can be grounds for a retaliation lawsuit.
Unless planned and executed properly, employers’ emergency procedures may run afoul of many federal, state and local employment laws.
The National Labor Relations Act lets workers file unfair labor practice complaints with the National Labor Relations Board. But that doesn’t mean employers can’t have workers sign arbitration agreements for employment-related claims, according to a recent federal court decision.
President Trump has nominated Preston Rutledge to run the Department of Labor’s Employee Benefits Security Administration, a position that carries the title of “assistant secretary of labor.”
President Trump has declared October 2017 as National Disability Employment Awareness Month. With the theme “Inclusion Drives Innovation,” the month provides employers with a reminder that they should examine their accommodation practices under the ADA to ensure they remain in compliance.
Arbitration agreements can be a great way to save time and money on litigation should an employee accuse you of violating employment laws. But unless the agreement is properly drafted, it can be struck down.
Do you perform drug tests on employees suspected of being under the influence of intoxicants or illicit drugs? Be aware that some positive test results may be due to legal prescription drugs required for the treatment of disabilities.
A unanimous Minnesota Supreme Court decision has made it considerably easier for workers to file—and win—whistleblower lawsuits under the Minnesota Whistleblower Act.
GET-UP, an organization allied with the American Federation of Teachers union, has been attempting to organize graduate student teaching assistants at the University of Pennsylvania. Independently of the university, grad students opposed to unionization formed a group called No Penn Union.
Federal law requires employers to verify that employees are eligible to work in the United States. It’s unlawful to knowingly hire anyone without authorization. But what happens if an employee’s ineligibility is only discovered in the course of investigating a workers’ compensation claim?
Snack food giant Utz Quality Foods has agreed to pay $2.5 million to almost 1,900 delivery drivers to resolve claims it failed to pay them overtime.
When it comes to litigation, employers that keep meticulous performance records and can pinpoint exactly when they made important employment decisions typically fare better than those who keep sloppy records.
Of 14 Department of Labor appointments requiring Senate approval, only Labor Secretary Alex Acosta has been confirmed, and the White House has submitted just five more nominations.
Allegations of rampant sexual harassment and abuse by movie producer Harvey Weinstein might create momentum to pass legislation limiting the use of mandatory arbitration agreements in the workplace.