July 23, 2025
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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July 22, 2025
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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July 22, 2025
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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July 21, 2025
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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July 21, 2025
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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July 18, 2025
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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July 18, 2025
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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July 17, 2025
The case against perfect-attendance awards

With absenteeism a major drain on productivity, more employers are using a trick from the third grade—perfect-attendance awards—to motivate employees to come to work. Here’s why such awards probably aren’t the best carrots.

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July 17, 2025
Document poor performance as it happens

It’s essential for supervisors to document poor performance at the time it happens. Don’t wait until you’re ready to terminate a worker to start building a paper trail. You won’t get away with it in court. The path needs to be laid early, step by step.

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July 16, 2025
Lactation breaks

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