Category: HR Management & Compliance

There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.

joint employer

New Bill Latest Effort to Tackle Definition of Joint Employment

The definition of “joint employment” may be heading for another turnaround. Legislation introduced in Congress on July 27 takes aim at a 2015 National Labor Relations Board (NLRB) decision that raised the ire of many in the business community, especially employers that work with franchisees, contractors, and staffing agencies.

New bill latest effort to tackle definition of joint employment

The definition of “joint employment” may be heading for another turnaround. Legislation introduced in Congress on July 27 takes aim at a 2015 National Labor Relations Board (NLRB) decision that raised the ire of many in the business community, especially employers that work with franchisees, contractors, and staffing agencies. The NLRB’s 2015 Browning-Ferris decision broadened […]

back injury

Does Mine Supervisor with Bad Back Have Disability Bias Claim?

Terminated employees who sue often file claims for unlawful discrimination and breach of the covenant of good faith and fair dealing. Recently, the Alaska Supreme Court analyzed how a claim for breach of the covenant of good faith and fair dealing relates to a disability discrimination claim. The court also considered when evidence is sufficient […]

discrimination

‘But No One Got Hurt!’ Is No Defense to Race Discrimination Claims

A number of court cases have illustrated how employers can find themselves in trouble for comments written via email by managers or other decision-makers that indicate an employee’s protected status (e.g., sex, race, age, or taking qualified leave) played a role in the decision to fire them.  But here we present a unique scenario that […]

Why Should Employers Support Moonlighting?

With the growth of the gig economy, more and more employers find themselves with employees who have another job on the side. This might be a part-time job, or it might be a side gig or “side hustle” as it’s sometimes called. For example, perhaps some of your employees also drive for Uber or Lyft, […]

Sexual Orientation

DOJ Says Title VII Doesn’t Apply to Sexual Orientation Discrimination

The Department of Justice (DOJ) has filed an amicus brief in the case of an employee who claimed his employer violated Title VII of the Civil Rights Act when it discriminated against him on the basis of his sexual orientation.  The DOJ’s brief asserts that Title VII’s prohibition of sex discrimination does not extend to […]

DOJ says Title VII doesn’t apply to sexual orientation discrimination

The U.S. Department of Justice (DOJ) has filed an amicus (friend-of-the-court) brief in a case in which an employee claims his employer violated Title VII of the Civil Rights Act of 1964 by discriminating against him based on his sexual orientation. The DOJ’s brief asserts that Title VII’s prohibition of sex discrimination does not extend […]

Sexual Harassment

Sexual Harassment: Was Employee Subjected to Unwelcome Workplace Harassment?

A recent case from the Tennessee Court of Appeals acts as a reminder of the importance of implementing and enforcing policies aimed at preventing sexual harassment in the workplace. The outcome of the case also shows that while you may not be able to prevent all inappropriate behavior by your supervisors, how you respond to […]

FMLA

Think You Can’t Terminate an Employee on FMLA Leave? Think Again

One of the biggest misconceptions about the Family and Medical Leave Act (FMLA) is that it insulates employees from disciplinary proceedings while they are on FMLA-approved leave. Anyone who assumes that taking FMLA-protected leave provides some type of protection from all disciplinary actions would be wise to remember the age-old adage about assumptions, as one […]