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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7th Circuit says disability harassment is actionable, but employee didn't prove it

Several years ago, an Illinois court held for the first time that the Illinois Human Rights Act's (IHRA) ban on disability discrimination includes hostile environment claims. (See "Illinois court says IHRA prohibits...

Jan 31, 2020 · 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

6th Circuit narrowly defines which employees are 'similarly situated' in race bias case

The U.S. 6th Circuit Court of Appeals (which has jurisdiction over Kentucky and Tennessee employers) has dismissed an African-American state trooper's race discrimination claim even though a Caucasian trooper who engaged...

2 Hawaii companies settle EEOC lawsuits alleging disability discrimination

The new decade started off with the Equal Employment Opportunity Commission (EEOC) announcing on consecutive days that it had settled lawsuits involving disability discrimination claims against two Hawaii companies. The...

'We were on a break'—school channels Ross Gellar to deny teacher paid sick leave

By choice or by force, Illinois employers are increasingly offering paid sick leave to their employees. For instance, the city of Chicago and Cook County each have a paid sick leave ordinance, and Illinois school law...

U-Haul implements nicotine-free hiring policy effective February 2020

U-Haul recently announced its plan to implement a nicotine-free hiring policy across 21 states, including Texas, in an effort to establish one of the healthiest corporate cultures in the United States and Canada. The...

Jan 31, 2020 · Employment Law Letter · Texas

Self-audit hurts Texas employer in FLSA lawsuit

Sometimes, trying to fix a wrong just causes an employer to dig a deeper hole. Or the mistake is fixed only partially. In the following case, a Texas employer's self-audit of its pay practices resulted in correcting an...

Jan 31, 2020 · Employment Law Letter · Texas

Know what qualifies as a restricted parking lot under Mississippi's firearms statute

As we've often noted, courts have recognized four exceptions to the employment-at-will doctrine in Mississippi, one of which is based on a state statute prohibiting employers that don't satisfy certain requirements from...

EEOC consent decree serves to remind employers to reevaluate screening practices

Dollar General is the latest employer to settle with the Equal Employment Opportunity Commission (EEOC) over its use of criminal history information in the hiring process. The consent decree memorializing the settlement...

Defamation claim against former employee leads to retaliation lawsuit

Picture the following scenario: You fire an employee for legitimate reasons. He responds by filing multiple complaints with governing bodies, including a charge with the Equal Employment Opportunity Commission (EEOC)...

Employment law #10YearChallenge: What a difference a decade has made

In early 2019, social media feeds were filled with “10-year challenge” posts. To participate, users posted photos of themselves from 2009 and 2019, side by side, with the hashtag “#10YearChallenge.” As a new decade takes...

Jan 26, 2020 · 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

DOL recovers record $322M in back wages during FY 2019

The U.S. Department of Labor (DOL) recently announced that its Wage and Hour Division (WHD) had recovered a record $322 million in wages owed to workers during fiscal year (FY) 2019. The WHD also set a new record for...

DOL issues new guidance on overtime rules, reducing, but not eliminating, exposure to liability

The question of when and whether employees are entitled to overtime pay under federal law has often vexed private- and public-sector employers. Parts of the Fair Labor Standards Act (FLSA) are opaque and antiquated, and...

Jan 26, 2020 · Employment Law Letter · California

City not liable for employee killing pedestrian on commute to work

A City of Los Angeles employee struck and killed a pedestrian during his commute to work. Generally, an employer isn't liable for injuries caused by an employee during his commute. However, the “work-spawned risk”...

Jan 26, 2020 · Employment Law Letter · California

Can you publicly defend a decision to terminate someone?

Generally, we advise employers to keep the reasons for an employee's termination confidential. There's usually little reason to risk a defamation or misrepresentation claim or make an ex-employee any angrier than need be...

Jan 26, 2020 · Employment Law Letter · California

Hiring challenges persist despite effective recruiting and smart candidates

Employers are getting used to dealing with an almost constant talent search. The postrecession economic growth over the past decade has spurred employers to create more jobs, and while that would seem to be good news...

Jan 12, 2020 · 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