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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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EEOC lawsuit highlights how not to use a point-based absenteeism system

A recently filed EEOC lawsuit against JCPenney highlights how employers must account for absences under an attendance point system. While such systems cut down on employees whose absence causes scheduling problems, managers and supervisors must be trained on how to handle call-offs that may be covered under the FMLA, ADA and PWFA.

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Can PWFA leave disqualify an employee from future FMLA coverage?

When calculating the average number of hours worked in the past 12 months to determine FMLA hours for the current 12 months, I know I only include worked hours, not PTO, holiday or FMLA hours. I gather I don’t include PWFA missed hours as well? But what if those PWFA hours end up causing the employee to be short their 1,250 hours, and now they won’t qualify for FMLA for the next 12 months?

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EEOC files class action on behalf of recovering addicts

Employers can’t refuse to hire someone because they have a disability or because the employer perceived the applicant to be disabled, per the provisions in the Americans with Disabilities Act. A blanket rule barring hiring an applicant who takes prescription medication for a medical condition violates the ADA. That’s true even if the medication is used to treat a condition that could pose a potential safety risk.

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President Trump reclassifies marijuana

President Trump signed an executive order changing how marijuana is handled under the federal Controlled Substances Act. The drug has been reclassified to Schedule III, from its previous classification as a Schedule I drug, along with heroin and other drugs with high addiction and abuse potential and little or no established medical uses.

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EEOC expected to revise Pregnant Workers Fairness Act regulations

If you’re struggling with administering reasonable accommodations under the Pregnant Workers Fairness Act, help may be on the way. It looks like the EEOC may soon be revising the first set of regulations the agency approved during the Biden administration.

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Court confirms not every invitation is harassment

There’s a new legal decision that offers guidance on how far employers should go in anti-harassment policies and what does not amount to sexual harassment.

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Time to announce your 2026 holiday schedule to employees

Make it a policy to post your company’s holiday schedule every year. You should also clearly state your policy on paid versus unpaid holidays in your handbook.

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Doing the right thing nets HR director big payday

Serving as an HR director can be tough. Still, HR professionals are expected to do the right thing. Federal laws like Title VII protect HR professionals from retaliation for bringing discrimination and harassment to light, and the Equal Employment Opportunity Commission has a long history of vigorous enforcement of retaliation protections. A recent EEOC settlement makes that clear.

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A new federal fight over AI rules lands on HR’s doorstep

The federal government is heading for a showdown with states over who gets to shape the future of AI. A White House executive order outlines an aggressive plan to challenge state-level AI regulations through lawsuits and potential limits on federal funding.

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OSHA heat standard may be blocked after all

It appeared that a Biden-era OSHA heat-standard regulation was on the verge of final approval, with the final step—review of comments received—imminent. Instead, competing bills in Congress may either block the regulation or provide OSHA with legal cover in the form of specific legislative authority to set heat standards.

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