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.

pitching

Just Whine, Baby: Gruden Sues NFL Over Leaked E-Mails

The Oakland . . . I mean Los Angeles . . . I mean Oakland . . . I mean Las Vegas Raiders have a tradition of high-profile litigation second to no one in sports. Al Davis’ “just win, baby” philosophy spilled off the gridiron and into courtroom battles as well. So, it comes as […]

Don’t Mess with Retaliation

The U.S. 5th Circuit Court of Appeals (which covers Texas) recently issued a published decision, a rarity since most opinions are unpublished and therefore can’t be cited to courts as precedent. It was also a per curiam opinion, i.e., a three-judge panel decided the appeal but no particular judge took credit for writing it.

FMLA

Mishandling Return to Work in Worker’s Comp Context Risks FMLA Liability

When an employee is injured on the job, the federal Family and Medical Leave Act (FMLA) or the state-specific leave statutes may confer benefits in addition to what a state’s worker’s compensation provides. Employers subject to the FMLA should consider how the law interacts with their state’s worker’s comp law when FMLA-eligible employees need time […]

Immigration Updates in COVID-19 Times

International borders have been closed for 18 months, U.S. embassies abroad have been operating at a limited capacity, and yet employers struggle to find and retain talent. Corporate immigration, including H-1Bs and other visas, continues to provide a solution for savvy employers. Below are the most important immigration changes within the last year.

Employer’s Transgender Bathroom Ban Violates Illinois Human Rights Act

A transgender person’s access to the bathroom associated with their new identity has become a hot-button issue in society at large. It was therefore no surprise that an Illinois court was asked to weigh in on the issue. In a landmark ruling, the Illinois Appellate Court for the Second District ruled an employer violated the […]

6th Circuit Revives OSHA Vax-or-Testing Rule but Won’t Have the Last Word

Late Friday, a three-judge panel from the U.S. 6th Circuit Court of Appeals issued a decision “dissolving” the 5th Circuit’s stay order preventing the Occupational Safety and Health Administration (OSHA) from enforcing its COVID-19 vaccination-or-testing rule for employers with 100 or more employees. The next day, OSHA announced January 10 is the new deadline for […]

Astroworld Aftermath: Three Employer Takeaways

In the aftermath of the Astroworld music festival gone wrong, event organizers are reconsidering the safety risks at large events. Live Nation and other organizers of the Houston festival are facing numerous lawsuits based on injuries and deaths caused by the failure to host the concert safely. Organizers’ awareness of the risks presented at the […]

The Long-Term Impacts of Workplace Sexual Harassment

Unfortunately, sexual harassment is a reality in workplaces around the world, including advanced Western economies that one might expect to be more progressive. Workplace sexual harassment is also notoriously underreported, due in large part to the stigma that is sometimes felt by the victim, the fear of retribution, and the belief that nothing will be […]