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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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We may have found evidence of drug use on the job—what now?

I am an HR manager at a big nursery with hundreds of greenhouses, and we provide our employees with portable toilets. It was brought to my attention by the cleaner that he found a cut-up soda can and a syringe in one of the potties. I have never encountered any drug use at our nursery, and I am not sure how I can handle this situation.

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Track each supervisor’s disciplinary patterns

When deciding whether discipline was biased, courts often seek to compare workers who have the same supervisor, not just those who have the same job. That’s because discrimination is often manifested by individual acts, not a systemic, organization-wide problem. That makes it important to track discipline by supervisor.

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Resist temptation to act on presumptions about pregnant employees’ abilities

Some managers continue to hold outdated views on pregnancy and the capacity for a woman to work while awaiting the birth of her child. Being vocal about these views—and especially acting on them—is almost certain to provoke a lawsuit.

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Why you need to update job descriptions annually

While no federal law specifies that employers must provide each employee with an up-to-date job description, it’s a serious mistake not to do so. Skipping this crucial step almost guarantees you will have at least one employee who is misclassified as exempt under the Fair Labor Standards Act when they should be paid on an hourly basis.

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EEOC chair deploys X to invite complaints

In an unprecedented move, EEOC chair Andrea Lucas has taken to social media site X to solicit current or former employees to file complaints against their employers.

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Age-discrimination firing costs company $103 million

In what is believed to be the largest jury verdict ever for age discrimination, insurer Liberty Mutual was slammed with a $103 million verdict for firing an older worker returning from medical leave and replacing her with a 20-something new hire.

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The right way to run FMLA concurrent with workers’ comp leave

I have an employee out on workers’ compensation who did not apply for FMLA leave, though we think he’s eligible. Can I tell him he has to use FMLA concurrent with his workers’ comp leave?

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EEOC settles claim foreign workers treated better than American workers

The EEOC has recently made it clear that an enforcement priority going forward is protecting American workers from discrimination in favor of foreign workers. The agency updated its webpage portal for national-origin discrimination and provided a one-page information sheet directed at American workers who think they may have experienced national-origin discrimination.

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Can employers drop telework accommodations for disabilities?

It’s likely new return-to-work policies will face legal challenges, especially by disabled employees who have been using an accommodation like telework and performing their jobs well. Altering accommodations generally requires some change to performance or the underlying disability.

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Minimum wage hikes are here

While the federal minimum wage has not risen since being set at $7.25 per hour in 2009, many state and local governments have implemented increases to keep up with rising costs. Here are some of the increases effective Jan. 1.

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