July 24, 2025
Equal pay: Document how and why jobs differ

The only way for an employer to defend an Equal Pay Act lawsuit is to prove that the jobs aren’t substantially similar—or that the pay difference is attributable to some factor other than sex.

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July 24, 2025
Anti-military bias is self-inflicted wound

Treating military service as a negative factor in any employment decisions can backfire badly. The Uniformed Services Employment and Reemployment Rights Act makes that illegal.

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July 24, 2025
Employment Law for Managers

 

• The National Labor Relations Act and the NLRB—it’s not just about unions.
• Why your employees can talk about their paychecks.
• Why your social media policy matters.
• FMLA, PWFA, ADA and all the federal laws you need to know.
• Title VII of the Civil Rights Code, and who is in a protected class.
• Addressing discrimination before it becomes a problem.
• The Age Discrimination in Employment Act, and why 40 is the magic age.
• “Code words” that indicate you’re looking for young candidates.
• FLSA—why this 86-year-old law still trips people up.
• Exempt vs. non-exempt status, and when you have to pay overtime.

 

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July 23, 2025
Simplest way to stop lawsuit might be ‘I’m sorry’

When the threat of an employee lawsuit looms, most employers are advised to take a tough stance, fight the charges and never admit guilt. But some attorneys now advocate that an often-overlooked option of simply saying “I’m sorry” in certain situations may actually soothe feelings, and even defuse legal action.

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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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