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.

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Million-plus settlement for allowing reverse-discrimination talk

After the Supreme Court’s unanimous decision in Ames v. Ohio Department of Youth Services, it became clear that discriminating against a member of a majority is just like discrimination against a member of a minority group.

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New state paid leave law changes kick in

Five states and the District of Columbia have changed their paid leave laws to provide greater protection for workers and greater burdens for employers.

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Paramount merger came with a DEI disclaimer

When Paramount sought to merge with Skydance, an apparent condition precedent for approval by the Federal Communications Commission was that the resulting merged organization eliminate all diversity, equity and inclusion programs or initiatives.

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‘Resign or be fired’: A legally risky ultimatum

Have you ever presented an employee the option to resign or get fired? Maybe you believed you were helping the employee to graciously exit the workplace without the embarrassment of a termination. However, doing so today just may fall under the no-good-deed-goes-unpunished category.

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What judges weigh when reading handbooks

A well-written, thoughtfully crafted employee handbook is one of the most important tools you have for making sure your organization can defend itself in court. However, like any form of documentation, it’s possible for your handbook to be used against you.

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No need for termination notice to state reason

Employers don’t necessarily have to detail why they decided to fire an employee, for example in a formal termination notice. If they are later sued, it’s enough to provide original documentation justifying the legitimacy of the discharge.

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100%-healed policy = $950,000 settlement

Do you have a policy requiring injured workers to be 100% healed before they can return to work? Then get ready to write a big check, either for court-ordered damages or—if your lawyer is smart—to settle a lawsuit before it reaches the courtroom.

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Detailed personnel records defeat bias claim

Employers who keep detailed personnel records that include objective, fact-driven performance reviews often win discrimination lawsuits soon after the employee sues. Judges hold no desire to become your organization’s HR department and appreciate it when employers have the documentation that backs up their decisions.

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OSHA penalty adjustments good news for small employers

The U.S. Department of Labor has updated its guidance on OSHA penalty and debt-collection procedures to minimize the burden on small businesses and increase prompt hazard abatement.

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FMLA intermittent leave: Yes, you can reinforce the rules

Are there recommended strategies or scripts for re-educating employees with open FMLA intermittent leave cases on their responsibilities, especially around call-in procedures and usage restrictions?

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