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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.

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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How do we handle FMLA certifications when the practitioner is overseas?

I have an employee who is getting treatment overseas. As the employer, what, in addition to the medical certification, can we request? What if an employee receives care from a different kind of practitioner than we have in the U.S.?

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Documenting performance? Better date-stamp and retain

You’ve no doubt heard it again and again—the key to winning lawsuits is to document, document, document. Courts don’t lend much credence to documents that appear after the fact, often suspecting that such notes are made up to cover discrimination.

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‘Impossible’ PIP sinks employer’s discharge appeal

Set reasonable, objective goals that can be achieved with sufficient effort in the time allotted in the PIP. Don’t create impossible goals that can’t be achieved absent Herculean efforts.

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Your email could be used to prove retaliation

When it comes to incriminating evidence, there’s literally almost nothing that beats a damning email—especially when it tips off efforts to retaliate against an employee.

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DHS warns employers: Check work permit changes

The Trump administration has begun revoking the immigration status for some workers before the expiration date printed on their EADs. With E-Verify, that change was pushed your way automatically. DHS changed that practice and placed the burden on employers.

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Bystander harassment reporter has rights, too

Sometimes, as happened in a recent case, management decides that rather than listen to the bystander, they’ll punish the messenger. That’s not going to play well with the EEOC.

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Dismiss racist taunts at your peril

The cardinal rule for racist slurs and jokes is this: Never ignore a complaint without an investigation or assume an innocent intent. And watch what you say in emails!

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