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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.

Equal pay: Document how and why jobs differ

The only way for an employer to defend an Equal Pay Act lawsuit is to prove that the jobs aren’t substantially similar—or that the pay difference is attributable to some factor other than sex.

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Anti-military bias is self-inflicted wound

Treating military service as a negative factor in any employment decisions can backfire badly. The Uniformed Services Employment and Reemployment Rights Act makes that illegal.

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Simplest way to stop lawsuit might be ‘I’m sorry’

When the threat of an employee lawsuit looms, most employers are advised to take a tough stance, fight the charges and never admit guilt. But some attorneys now advocate that an often-overlooked option of simply saying “I’m sorry” in certain situations may actually soothe feelings, and even defuse legal action.

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Make self-audits an integral component of your I-9 procedures

Conducting I-9 audits can be enlightening in several ways, such as identifying where your program has weaknesses and unearthing technical violations.

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EEOC resumes processing some gender-identity cases

According to an internal email from the EEOC’s director of field operations, Thomas Colclough, cases will again be processed, with limitations.

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Is this pregnancy absence FMLA, PWFA or both?

We are an employer covered by the FMLA. We have an employee who is pregnant and understand we need to accommodate her pregnancy-related conditions that lead to tardiness or absences. Do we track these separately? Or do we track this as FMLA leave, too?

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Funding gaps put compliance confidence at risk

Confidence in employment law compliance is high—but for many organizations, that confidence isn’t backed by budget.

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Trump nominates two NLRB members, reaching board quorum

Without at least three members, the board has been unable to take action, including reversing policies that were in place during the Biden administration. Doing so is a priority for the Trump administration.

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Yes, you can fire workers who take FMLA leave

Certainly, terminating a worker after he was just approved for FMLA leave might seem suspicious and prompt a lawsuit. But if you can show a judge the employee’s poor disciplinary or performance history, courts will likely toss out the case.

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Territory bias was a million-dollar mistake

If you assign sales territories based even in part on territory demographics that mirror your employee’s protected characteristics, you may end up losing a discrimination lawsuit.

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