So misunderstood!
NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more
9/16/2022
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
At-Will Employment ,
Discrimination ,
Documentation ,
Employer Liability Issues ,
Employment Contract ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Termination ,
Title VII ,
USERRA ,
Wage and Hour
Probably. Employers, get ready.
Will EEOC lawyers do an end run around the EEOC commissioners? If so, employers are likely to see more lawsuits with the EEOC as a plaintiff, which is never a good thing....more
I'm not sure I agree. With all due respect.
An issue that has been percolating for the past few years is whether gender dysphoria is a "disability" within the meaning of the Americans with Disabilities Act. I've posted on...more
Everybody's favorite subject.
Last week, Karla Miller -- the workplace advice columnist of The Washington Post -- had a fascinating letter with this problem:
The letter writer is the only female working on a floor with...more
NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second installment covered religious...more
7/8/2022
/ After-Hours Work ,
Child Labor ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Non-Exempt Employees ,
Off-The-Clock ,
Over-Time ,
Payroll Records ,
Recordkeeping Requirements ,
Wage and Hour
The court is right, I think.
A panel of the U.S. Court of Appeals for the Seventh Circuit issued an opinion on Wednesday that provides helpful clarification for employers and their leave administrators.
...more
Will this catch on in the States?
A tribunal in the United Kingdom has reportedly ruled that insulting a man for being bald is sexual harassment.
According to news reports, the tribunal was made up of three bald men....more
Just about every state or federal employment law has an anti-retaliation provision. Very simply put, anti-retaliation provisions are intended to protect individuals who either pursue their rights under the law, who assist...more
As we all know, a growing number of states have legalized marijuana use to varying degrees. In some states, medical marijuana is permitted, but not recreational. In some states, anything goes. In some states, including New...more
There was this disability discrimination issue . . .
An employer who shall remain nameless had a tradition of throwing a little birthday party for each of its employees on their special day.
The birthday of one employee...more
4/22/2022
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Human Resources Professionals ,
Reasonable Accommodation ,
Social Anxiety Disorder ,
Termination ,
Wage and Hour ,
Workplace Violence
Here's how an HR pro would have handled it.
There I was, a hard-boiled, cynical, grizzled, war-torn Human Resources professional, working late, as is my wont.
Suddenly, my phone rang. Odd to be getting a call at the office...more
The questions that people send to advice columns!
"I sent $10,000 worth of birthday presents to my grandchildren, and not one of them wrote me a thank you note. Can I stiff them next year?"
"My boyfriend cheats on me...more
Employers can't require arbitration of sexual harassment, assault lawsuits.
President Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
The legislation provides that...more
And on to President Biden, who is expected to sign.
Yesterday, the U.S. Senate passed by voice vote the "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act." The legislation passed the House on Monday,...more
I won't be as giddy as I was yesterday.
As almost everyone knows, the U.S. Supreme Court yesterday reinstated a stay on the "vax-or-test" mandate issued by the Occupational Safety and Health Administration. As a result,...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
From my blog inbox . . .
"DEAR ROBIN: I am 8 years old.
"Some of my little friends say that COVID-19 is not protected by the Americans with Disabilities Act.
"Papa says, 'If you see it in EMPLOYMENT AND LABOR...more
I'm not sure the ADA will let you do that.
There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more
10/8/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
Medical History ,
OSHA ,
Reasonable Accommodation ,
Religious Beliefs ,
Title VII ,
Vaccinations ,
Wage and Hour
This might help employers figure it out.
Now that employers are becoming more aggressive in requiring employees to be vaccinated against COVID-19, we are also seeing a lot of requests from employees for religious...more
What should employers be watching for?
Since COVID hit in full force in March 2020, many employees started working from home and having work-related discussions -- and even parties -- via videoconference.
Now that people...more
8/6/2021
/ Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Furloughs ,
Remote Working ,
Secret Recordings ,
Sexual Orientation Discrimination ,
Title VII ,
Videoconference ,
Wage and Hour
Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more
6/3/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Documentation ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
Health Care Providers ,
Human Resources Professionals ,
Incentives ,
Personnel Records ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Religious Exemption ,
State Labor Laws ,
Termination ,
Title VII ,
Vaccinations
Vaccine incentives are generally ok!
The Equal Employment Opportunity Commission today issued revised guidance on COVID vaccinations, which include long-awaited guidance on employer incentives for employees to be vaccinated....more
Employers, don't get played.
"This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all."
Oh, yeah?...
...more
5/28/2021
/ At-Will Employment ,
Discrimination ,
Documentation ,
Due Process ,
Employer Liability Issues ,
Employment Contract ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
NLRA ,
Reasonable Accommodation ,
Retaliation ,
Termination ,
Wage and Hour ,
Whistleblowers
Bless this employer's heart.
Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act...more
4/9/2021
/ Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Light-Duty Positions ,
Paid Sick Leave ,
Pregnancy Disability Leave Law ,
Reasonable Accommodation ,
Termination ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Injury
Here's the "carrot," after last week's "stick."
Last week, I wrote about the "Notorious Nine" mistakes that employers make when dealing with the Equal Employment Opportunity Commission. Today I'll be more positive, and...more
Should the employer force the issue?
You Human Resources professionals are familiar with this scenario.
You are present while a supervisor is disciplining an employee. The supervisor has a write-up, pre-approved by you, and...more