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Navigating the Rock & the Hard Place: Conflicting Federal and State Mandates for LGBTQ Employees

“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more

The Story of Hannah and Bob – Why Employers Cannot Discriminate Against LGBT Employees

To illustrate why an employer violates federal employment law by discriminating against gay, lesbian, bisexual, and transgender (LGBT) people, the United States Supreme Court majority told the stories of Hannah and Bob. More...more

'Mini' WARN Act in New Jersey Just Got Super-Sized

When your company needs to do a mass layoff, you should already be thinking about the following issues: - How and when you will communicate the decision to employees - Whether the reduction will adversely impact any...more

But I'm in HR - What Do You Mean I Can Go to Jail?

Wage and hour laws. Child labor laws. OSHA laws. Immigration laws. When employers do not comply with these types of employment laws, civil charges and lawsuits are not the only thing that can happen. In what may come as...more

You Can Pay Exempt Employees Their Guaranteed Salaries on an Hourly, Daily, or Shift Basis, and the Department of Labor Has Given...

Human resources and other professionals who review job positions for possible exemptions under the federal wage and hour law (the Fair Labor Standards Act or FLSA) are familiar with the “salary basis” and “job duties” tests....more

Intermittent FMLA Leave is So Easy to Administer. Yeah, Right!

Block FMLA leave has its own challenges. But intermittent FMLA leave can be downright painful – including the fact that intermittent leave claims are the most common type of lawsuit under the FMLA. When employees need to...more

Mandatory Flu Vaccinations? Immunize Yourself Against Religious Discrimination Claims

You are an HR generalist at a 300-bed community hospital. Your boss has instructed you to make sure that all personnel files document that the employee received the hospital’s annual mandatory flu vaccination. However, you...more

Fired For My Firearm? I’ll Sue!

As if employers already did not have enough reasons to have to think through termination decisions carefully, here is yet another “trigger” word that should make employers think twice about plans to discipline or fire an...more

Transgender and Sexual Orientation Anti-Discrimination Protections — Maybe not yet the Law of the Land, but Your Policies Better...

Though most Americans do not seem to realize it, anti-discrimination legal protections in employment for transgender, gay, bisexual, and lesbian (LGBT) employees are not uniform across the U.S. In fact, the federal Employment...more

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