News

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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Must we grant FMLA leave for elective cosmetic surgery?

We have an employee requesting FMLA leave for elective cosmetic surgery. She has the appropriate physician certification paperwork because there will be a surgery and recovery period. Is elective cosmetic surgery covered under a serious medical condition? Do we have to grant FMLA leave, or should the employee take vacation time for this?

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Check your policies and stay cognizant of antisemitism at work

Jonathan Segal, a partner at Duane Morris LLP, tells HR professionals to stay cognizant as he witnesses “an explosion and evolution” of antisemitic views. He advises them to condemn antisemitism as they would other workplace -isms.

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Be on the lookout for denaturalization threats

If your employees were born in the U.S., they’re probably OK (for now). If they’re naturalized U.S. citizens, watch out. The Department of Justice is embarking on an aggressive campaign to denaturalize certain naturalized citizens.

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Subminimum wage reinstated

The DOL announced on July 7 that it was withdrawing a proposed rule to stop issuing certificates allowing some employers to pay workers with significant physical or mental disabilities a subminimum wage.

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Ensure your records show exactly when personnel decisions were made

Employees who file internal discrimination or whistleblowing claims are protected from retaliation for doing so. To prove retaliation, they must show that the employer took some form of adverse action against them after they complained. That’s one reason employers must document all personnel decisions.

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OBBBA’s changes to benefits, tax credits

The One Big Beautiful Bill Act includes some changes to health benefits and tax credits that employers need to know.

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OBBBA may trigger overtime requests

Under the One Big Beautiful Bill Act, a worker can shelter $12,500 in overtime earnings from federal taxes. The new law defines tax-exempt earnings as overtime that is “required under the FLSA.”

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Consensual quid pro quo still carries liability

Take a supervisor who promises a promotion or some other benefit in exchange for sex, and the subordinate agrees. Can that subordinate still sue for sexual harassment? The answer is a resounding “Yes!”

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Morning sickness may also qualify as ADA disability

By now, we are all familiar with the idea that morning sickness experienced during pregnancy must be accommodated under the Pregnant Workers Fairness Act. But if a recent lawsuit is any indication, the EEOC is pushing the idea that many common pregnancy problems are also protected under the Americans with Disabilities Act.

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Final OBBBA: Individual and payroll tax provisions

The One Big Beautiful Bill Act, technically named “To provide for reconciliation pursuant to title II of H. Con. Res. 14,” was signed by the president on July 4. Clocking in at 870 pages, it’s short for a reconciliation bill, but still packs a punch for individuals and payroll departments.

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