News

Lawsuits rarely start with something dramatic. They start small. And the outcome is rarely as surprising as it feels.

It looks as if the Equal Employment Opportunity Commission is getting serious about making certain that qualified workers who need a service animal to help them perform the essential functions of their job are allowed to bring Fido along, barring limited circumstances where doing so would create an undue burden on the employer.

What is the current salary threshold for exempt status? I had thought that the proposed increase to $58,656 was vacated and that the minimum salary was kept at $35,568, but I’m seeing information that the increase went through after all.

Over a decade ago, New York City enacted a ban on employers using credit checks when hiring employees. Now, New York state’s legislature has passed a statewide ban on credit checks, too.

ICE inspections now are more likely to result in substantial fines and penalties even for employer mistakes that are technical rather than intentional violations.

The Department of Labor is currently considering changes to its independent contractor rules. The final regulations will focus on two core factors—the nature and degree of control over the worker and the worker’s opportunity for profit or loss.

It’s fairly common for mid- to large-size employers to outsource Americans with Disabilities Act accommodation administration to an outside administrator. But be aware that doing so comes with risk. Delegating day-to-day administration to another entity does not change your potential liability, as a recent case shows.

In the not-too-distant past, the DOL and the EEOC issued employment-related AI policies. But that was then. The Trump administration has removed these policies and left very little in their place. And since politics abhors a vacuum, states are stepping in to fill the gap.

If you use H-1B visa workers, it’s a good idea to work closely with your immigration attorney both while you are preparing the application and after the employee is in place.

Employers are required to adopt policies designed to prevent harassment. When that fails, employers have a strict obligation to stop harassment once they learn it is taking place. But if management doesn’t know harassment is happening, that obligation doesn’t kick in and it won’t be liable.