December 10, 2024
Are boomerang employees eligible for FMLA leave?

We have an employee who quit, but then came back to work for us a few months later. Does the hours-worked requirement start with her rehire date or does it go back to their original start date?

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December 10, 2024
A hard day’s work deserves a fair day’s pay

It sounds Dickensian—some employees with disabilities working under so-called Section 14(c) certificates earn $1 or less an hour. The Department of Labor wants to end this practice. New proposed regulations would, if finalized, phase out these certificates, so employees with disabilities would need to be paid at least the minimum wage.

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December 9, 2024
Legal Briefs: Recent cases highlight employer missteps

Think twice before banning remote work, using different return-to-work rules or requiring employees to compete for their own job.

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December 9, 2024
A cautionary tale: Lessons from a recent retaliation case

This decision is a warning to employers: Handling whistleblower complaints improperly can have serious consequences.

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December 6, 2024
Foster advancement with performance-development plans

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December 6, 2024
The Manager’s Guide to At-Will Employment

In the United States, almost everyone is employed on what’s known as an at-will basis. That means an employer can fire an employee at any time for almost any legal reason or even no reason at all. It also means employees are free to quit at any time for any reason.
Managers need to understand at-will employment, especially if they have the authority to hire and fire employees. They can inadvertently destroy at-will status by implying that there is some sort of employment contract that protects an employee from being terminated.

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December 6, 2024
Can we ask an employee’s race for EEO-1 purposes?

In documents asking the race of employee, can I ask their race if I’m not sure?

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December 5, 2024
“Why would you want to do a man’s job?”

That’s one of the sexist questions the EEOC alleges Waste Industries—a solid waste removal, recycling and landfill service provider—repeatedly asked female job applicants. As a result, the company agreed to pay $3.1 million to settle the agency’s pattern-or-practice sex-discrimination claim.

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December 5, 2024
Accommodating AIDS and HIV in the workplace

Under the Americans with Disabilities Act, individuals with a physical or mental condition that substantially impairs a major life function may be entitled to a reasonable accommodation. Having a chronic and potentially deadly viral syndrome may impact one or more of these life functions. Someone with HIV/AIDS may have challenges that require accommodations.

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December 4, 2024
2 cases caution against discrimination and harassment

Why “dead-naming” a transgender employee and assigning undesirable tasks only to minorities could land you in court.

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