News

I saw that the new overtime rule lists a separate salary threshold for highly compensated employees. What is the criteria to be considered a highly compensated employee?

Sexual harassment, according to the EEOC, and bore out in a recent case, is more likely to happen in industries or locations where there is a sex imbalance. For example, in a male-dominated industry like construction, a female worker’s risk of co-worker sexual harassment is greater than in a more balanced industry.

Do you check your organization’s job postings for inaccurate, inappropriate or illegal language? If not, you’re opening your organization to legal battles as shown in a recent case.

Terminations are the spark to many employment lawsuits. And for each of the six kinds, there are some common steps employers can take to defend themselves if a termination is challenged in court.

Not everyone is happy with the EEOC's expansive new harassment guidance or the EEOC’s interpretation of decisions like the Supreme Court’s 2020 ruling in Bostock v. Clayton County, which said discrimination based on sexual orientation and transgender status are forms of sex discrimination prohibited by Title VII. In fact, a group of 18 state attorneys general have filed suit, alleging that the guidance goes too far.

You are unauthorized to view this page.

Courts rarely second-guess hiring decisions as long as they are based on objective, reasonable factors, backed with documentation as one case proves. Remind your managers the importance of proper documenting, even during hiring.

If any of your employees has Tourette Syndrome, you will have to assess each on an individualized basis. Start the interactive accommodations process by determining which major functions the employee (or job applicant) needs help with. Then identify appropriate accommodations.

A trio of lawsuits could derail plans for the new overtime rule to go into effect on July 1. Each suit asks federal courts to prevent the overtime rules from taking effect, at least temporarily. 

A component of OSHA's new walkaround rule has employers worried that it could literally open the door for union organizers or union-paid industrial hygienists to trail along behind inspectors, possibly influencing their findings or gathering information that could influence collective bargaining.