Practical HR Tips, News & Advice. Updated Daily.
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.
The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against a qualified individual with a disability. It also requires employers to provide reasonable accommodations to qualified individuals with a disability. Failure to accommodate an employee when a reasonable accommodation is available is a violation of the law. But employers aren’t required to provide […]
The U.S. Court of Appeals for the Second Circuit, whose decisions control in New York, recently ruled on whether an individual was qualified to receive the benefit of a reasonable accommodation during the pre-application testing process. Read on to understand how this case affects your own hiring procedures.
Last fall, we were furiously drafting mandatory COVID-19 vaccine policies for a variety of employers, including healthcare facilities, employers with more than 100 employees, and federal contractors. With the back and forth of whether a court would block implementation of the Biden administration’s vaccine mandates, many of those policies were left in a state of […]
Government employees and officials are granted “qualified immunity” in suits where they act in good faith and with a reasonable belief that their actions comply with the law. Most frequently, qualified immunity is discussed in connection with cases alleging the use of excessive force by police officers. However, a recent case before the U.S. 8th […]
What is Presenteeism? There has been a lot of talk about the Great Resignation, but there are other issues affecting workers in the workforce, such as presenteeism, quiet quitting, and productivity theater, that should be addressed and relate to employee performance, engagement, and effort. Presenteeism is when employees work but not at their fullest capacity […]
On August 15, 2022, the U.S. Third Circuit Court of Appeals (whose rulings apply to New Jersey, Delaware, and Pennsylvania employers) upheld the District of New Jersey’s dismissal of an employee’s age discrimination claims, finding she was unable to show her employer’s nondiscriminatory reasons for not hiring her were “so plainly wrong that it cannot […]
Generally speaking, you can prohibit your employees from engaging in certain activities (including social media use) during work hours or while using your equipment and/or communication systems—and discipline them for doing so.
On September 8, 2022, federal Congressional legislators from Massachusetts and California reintroduced the Nationwide Right to Unionize Act, which takes aim at state “right to work” laws and attempts to increase employees’ right to unionize. Section 14(b) of the National Labor Relations Act (NLRA) prohibits compulsory union membership and payment of union dues and fees […]
There’s a growing tendency for workers to request mobility in the labor market. Coupled with this is a growing tendency for businesses to classify workers as independent contractors instead of employees. This phenomenon has been dubbed a “gig” economy. Recently, Uber agreed to pay $100 million to the state of New Jersey to settle a […]
Words matter, and they matter a lot. Or as someone remarked (and I’m paraphrasing), “The difference between the right word and the almost right word is the difference between a lightning bolt and a lightning bug.” Here’s a case from Houston that reminds us about this lesson.