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.

RIF didn’t achieve business goals? OK to repost jobs that were previously cut

You may rightly worry that posting jobs similar to ones that were eliminated could spur a lawsuit. But if you can clearly explain why you decided to reopen positions that were eliminated earlier, courts are unlikely to conclude you intended to discriminate against those who were not retained during the earlier RIF.

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Know the 3 main symptoms of FMLA fraud

HR’s best weapon against FMLA fraud is to be alert to the main symptoms and how to combat them.

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You’ll pay if dress code incites harassment

If you are in the restaurant or entertainment industry and require employees to wear revealing outfits at work, prepare for an unfortunate if entirely predictable consequence: Customers may harass your workers. That’s a genuine legal risk, and it’s just as serious as if a supervisor was doing the harassing.

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Discover work mistakes during FMLA? Here’s what to do

Employees who take FMLA leave are protected from retaliation for doing so. That’s led to the mistaken belief among some employees that they can’t be disciplined or fired while on leave. That’s not the case—if you can show you would have disciplined or fired the worker even if she wasn’t on leave.

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OSHA heat standard may yet happen

In recent years, the number of days when the temperature reaches dangerous highs has increased, and more workers have succumbed to heat-related illnesses. To help employers provide a safe workplace, OSHA has created a resource page, Heat Illness Prevention, full of preventive tips.

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Can we adapt a privacy policy from a third-party vendor?

We use an applicant tracking system to help with screening and hiring. Until recently, we were able to link the ATS privacy policy to notify applicants of their privacy rights to the information they submit. They have now told us we need to link to our own privacy policy. Can we adopt theirs (copy and paste) as our own?

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Painful periods? That’s no reason not to hire

The EEOC takes discrimination against women because of their unique reproductive characteristics seriously, as a recent lawsuit settlement shows.

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How discrimination beliefs are driving resistance to DEI initiatives

When conversations around workplace equity stall or spark conflict, it’s often not because someone is unwilling to engage, but because people are starting from entirely different premises. A new Pew Research Center report highlights how vastly Americans’ perceptions of discrimination differ across political, demographic and social lines.

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Work authorization and I-9 monitoring

Hiring someone with work authorization that expires may mean more monitoring on the employer’s part. But preferring citizens or permanent residents over others for convenience violates both Title VII and our immigration laws.

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Beware referral programs that attract new hire ‘clones’

Your employee referral program could backfire if it leads to too many employees who are alike in terms of sex, race, age or other protected characteristics. In fact, courts regularly penalize companies that rely too heavily on employee referral programs, saying they foster homogeneous workforces and perpetuate discrimination.

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