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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

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Good news: Appeals court nixes idea that PIP is always adverse action

Employers are free to manage their workforce through evaluations and, if work is found to be lacking in quantity or quality, create an improvement plan without worrying that constructive criticism will land them in court.

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Layoff during FMLA leave

We are planning a layoff due to economic reasons. We have an employee on FMLA leave. He’s on the layoff list. How do we make sure we’re not interfering with his FMLA rights?

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DOL Center for Faith means new HR discrimination focus

The Department of Labor has launched a one-stop web resource for employers, faith organizations and employees aimed at eliminating religious discrimination in the workplace and federal grant-making and contracting.

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Minnesota introduces legislation on AI displacement

The Safeguarding Human Intelligence and Employment in Labor Displacement Act would require advance notice before employers can terminate an employee because AI made the worker redundant.

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$954K verdict for refusal to allow telework

Employers are required to provide disabled workers reasonable accommodations that allow them to perform the essential functions of their jobs. Sometimes, that means allowing the employee to telework when their disability makes it difficult or impossible to perform their work onsite.

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White House issues federal contractor DEI executive order

Federal contractors will have to do more than certify that they don’t engage in racial discrimination. They must also show how they reached that conclusion, as they may need to conduct an EEO analysis to confirm they found no pattern or practice of disparate treatment or proxy discrimination based on race.

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DOL raises required wages for visa holders

One of the effects will be to discourage U.S. employers from using H-1B visas to hire entry-level workers, leaving those positions open for American workers seeking those jobs.

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Beware discipline following a valid complaint

There’s something inherently suspicious about following up a valid charge of discrimination or harassment with an almost immediate employment action against the employee who filed the initial claim. That smacks of retaliation.

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FMLA leave for overseas care

An employee just told me that their parent who lives in another country has a serious health condition, so they want to take FMLA leave to travel there and care for the parent. Can the employee apply for FMLA leave before heading overseas, or must he travel overseas using other leave and apply from there?

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Transgender-bias claims persist despite EEOC retreat

Back in the early days of the Trump administration, one of the first moves at the Equal Employment Opportunity Commission was to drop lawsuits alleging discrimination based on gender identity. Now, one of those abruptly dropped cases has been settled after private attorneys stepped in.

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