HR Alerts

Court challenge looms, but employers urged to prepare for new overtime rule

by Tammy Binford

Apr 30, 2024 · HR Alerts · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

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Analysis

Mandatory tape-recording of investigative interviews not a crime

In both public and private sectors in California, full and fair investigations into alleged wrongdoing are imperative—particularly in cases of alleged harassment and discrimination. In such investigations, there is a...

Oct 03, 2021 · Employment Law Letter · California

Good news for employers: Trial courts can strike 'unmanageable' PAGA claims

The California Court of Appeal recently confirmed that trial courts have inherent authority to ensure Private Attorneys General Act of 2004 (PAGA) claims will be manageable at trial and to strike claims if they can't be...

Oct 03, 2021 · Employment Law Letter · California

Discrimination and coercion lead to liability under two laws

California has an all-purpose, wraparound statute prohibiting arbitrary discrimination of any kind: Civil Code Section 51, or the Unruh Act. In the following case, the court found lending practices that discriminated...

Oct 03, 2021 · Employment Law Letter · California

A charge by any other name: Court upholds discrimination complaint

Before a plaintiff can file a lawsuit claiming a violation of California's Fair Employment and Housing Act (FEHA), she must first file an administrative charge before the Department of Fair Employment and Housing (DFEH)...

Oct 03, 2021 · Employment Law Letter · California

Marijuana: how to handle your employees getting high

Rules on when and where citizens can use marijuana vary significantly between jurisdictions, and no unifying federal guidance is in sight. So, how do employers, particularly those in multiple states, deal with the dope...

Oct 01, 2021 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

As delta variant surges, things to consider before implementing vaccine mandate

As the delta variant spreads and positive COVID-19 cases continue to pop up, employers are questioning their policies yet again. Understandably, many of you are concerned about keeping workers safe and maintaining...

Sep 30, 2021 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Unfounded discrimination charge doesn't prevent retaliation claim

Many employers must face disputed discrimination charges followed by a retaliation claim based on the initial bias complaint. Just because the underlying discrimination claim is found to be without merit doesn't...

EEOC issues sexual orientation, gender identity bias guidance

The Equal Employment Opportunity Commission (EEOC) recently released new educational resources explaining employees’ right to be free from sexual orientation and gender identity discrimination in employment. How we got...

Minnesota Supreme Court won't review WESA pregnancy accommodation decision

In April 2020, the Minnesota Court of Appeals found an existing rule requiring workers to be employed for a year before seeking parental leave doesn't apply to pregnant employees pursuing on-the-job accommodations (see...

Employees suffering from 'long COVID' may have ADA protection

According to the Centers for Disease Control and Prevention (CDC), some individuals who were infected with the COVID-19 virus, even if their cases were asymptomatic, report experiencing a wide range of symptoms weeks or...

New NLRB General Counsel identifies possible changes

Those of you who have watched the National Labor Relations Board (NLRB)—the nation’s primary enforcer of labor law—over the years no doubt expect it to reshuffle its priorities when the White House changes parties. The...

'Long COVID' and the workplace: What a long, strange trip it's been

Since the COVID-19 pandemic began, many people have caught (or know others who have contracted) the virus. Most who recover from the infection do so within a couple weeks or shortly thereafter. For some, however, the...

No-call, no-show policy: One strike and you're 'out'

Citing the employer's zero-tolerance "no-call, no-show" policy, an Ohio federal district court recently upheld the termination of an employee who had just returned from a leave of absence under the Family and Medical...

Thanks for interviewing with usare you vaccinated?

Q In interviews with prospective employees, can we ask about their COVID-19 vaccination status? Generally speaking, you can ask prospective employees about their vaccination status when interviewing them, but there are...

Remote work and EPEWA cause further (unintentional) headaches

The Equal Pay for Equal Work Act (EPEWA), effective January 1, 2021, has given Colorado employers significant heartburn regarding its job posting and promotional opportunity notification requirements. The Colorado...