Practical HR Tips, News & Advice. Updated Daily.
As the dust settles from the 2024 U.S. presidential election, businesses with a significant international workforce are bracing for potential shifts in immigration policy. Former President Donald J. Trump’s return to office signals a likely shift toward more restrictive immigration measures, similar to his first administration’s policies and perhaps more expansive. With immigration playing a […]
Workers continue to find new ways to create potential hostile work environment liability for their employers under Title VII of the Civil Rights Act of 1964. In June 2023, the U.S. 9th Circuit Court of Appeals (whose rulings apply to employers in all the states covered by West Employment Law Letter) held that offensive music […]
Not so long ago, employers enthusiastically touted their diversity, equity, and inclusion (DEI) initiatives. But then the backlash set in. A growing number of employers–bowing to pressure from people opposed to what they see as “woke” policies–are dismantling their programs or at least being low-key about them. So now, many employers are exploring how they […]
It’s winter, and when the cold winds blow, blizzards, ice storms, and dangerous temperatures often disrupt business. Certainly, bad weather can hit at any time of year, so employers always need to understand their legal obligations. But an organization’s response should go beyond those requirements. Employers also need to know how to help their employees, […]
Is an HR investigation into discrimination admissible evidence? A recent case from the U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) declares the answer is “yes.” But as the expression goes, the devil is in the details. Read on. Claim of No Service Because of Race Sharnez Hager and her family […]
Even if an individual employee complies with the dress code, can she be asked to change clothes because she is too distractingly curvaceous? Can she be terminated for inappropriate social media activity, when similarly situated males were not? Was she terminated because she complained about discrimination and harassment, or because she posted risqué pictures while […]
Over the past year, numerous employers and their 401(k) plan fiduciaries have faced lawsuits regarding how forfeited employer contributions to their 401(k) plan are used. This wave of lawsuits began approximately a year ago when an employees’ law firm filed putative class action lawsuits raising this novel claim in California federal courts against multiple large […]
Good timing can mean the difference between success and failure, and waiting too late can cost you—as a transit employee discovered the hard way. Although this case comes from a different state, it’s still helpful when defending Family and Medical Leave Act (FMLA) claims in Texas. Chronic Serious Health Condition As a threshold matter under […]
If multiple studies and surveys are to be believed, employers are suffering an engagement problem—and there’s no end in sight. Concerns existed even before the pandemic brought upheaval to the workforce by making working from home the norm. That fundamental change didn’t go away when COVID eased, as whether to make everyone return to the […]
Question: We have an employee who took four days off to tend to his daughter in the hospital after she received a C-section and another who wants to take three weeks off to assist her sibling going through chemotherapy. Would the absences in both scenarios fall under the Family and Medical Leave Act (FMLA)? Answer: […]