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.

Keeping up with fast-paced, ever-changing immigration rules

Under increasing pressure, Immigration and Customs Enforcement has entered the next phase of immigration enforcement—strict scrutiny of Forms I-9 and workplace raids.

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How do you handle advance PTO if an employee leaves?

We offer employees a pay advance of up to 60 hours or PTO if they want to use paid time off before having earned it. What happens if they quit or are terminated before earning that advance payment back? Can we simply deduct the amount from their last check without their specific consent?

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Proposed legislation seeks to level the playing field for age-bias claims

A bipartisan group of lawmakers is working to change the legal standards older employees must meet to bring forward age-discrimination claims.

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EEOC claims employers don’t need to follow their guidance

According to the EEOC, agency guidance does not have the force of law.

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Disparate-impact discrimination about-face doesn’t mean it’s gone

Disparate-impact discrimination is a legal theory that holds that an entity may be discriminating unlawfully even though it has neutral rules if those rules have a disparate impact on a protected class. It is unintentional discrimination.

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Late paperwork subject to reasonable accommodation

Generally, when an employee doesn’t return medical certification paperwork required to begin FMLA leave within 15 days, employers can deny the leave request. But there are circumstances under which the employee may have more time.

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Supreme Court rules on reverse discrimination

In a unanimous decision, the U.S. Supreme Court ruled that employees claiming they have been the victim of reverse discrimination don’t have additional hoops to jump through before getting their day in court.

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Pay-equity audits prevent lawsuits

The time to conduct a pay-equity audit is before employees file a suit. Conducted proactively, the audits can prevent thousands or even millions of dollars in damages and legal fees.

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EEOC revises harassment guidance following court order

The EEOC has highlighted the sections of its guidance it now will not enforce. These include numerous examples such as misgendering, outing someone’s gender identity, denying access to a bathroom consistent with the person’s gender identity and using epithets regarding sexual orientation and gender identity.

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Use this checklist to lawsuit-proof your termination process

Nothing is more likely to spur a lawsuit than a termination for misconduct or poor performance. Former employees may feel they have nothing to lose by suing you. That’s why you must prepare carefully. Before making a termination decision, you should follow these steps.

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