Tag: Employment law

Exploring Ways to Deal With Backlash While Still Achieving DEI Goals

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 […]

Tips for Employers on What to Do When Weather Disasters Strike

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, […]

Circuit

5th Circuit Rules HR’s Discrimination Investigation Is Admissible Evidence

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 […]

She’s Too Sexy for Her Dress? Flight Attendant Sues for Discrimination, Harassment

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 […]

Pay Attention to Employer Considerations Following Wave of 401(k) Forfeiture Lawsuits

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 […]

Bar the door: Actionable Tips for Defending FMLA Claims

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 […]

Lack of Engagement Means Missed Opportunities for Employers

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 […]

Ask the Expert: How Far Does the FMLA’s Reach Extend When It Comes to Family Members?

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: […]

Tips for Making the Season Bright and Avoiding Holiday Horrors

With the holidays about to be in full swing and the end of the year near, visions of time-off requests, bonuses, and parties are likely dancing in employers’ heads. Getting any of those things wrong is a sure way to spoil the holidays, but a little planning and care will keep the work on track […]

DOL Issues AI guidance

On October 16, 2024, the Department of Labor (DOL) issued guidance on the use of artificial intelligence (AI) in employment—Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers. The guidance stems from President Joe Biden’s Executive Order 14110 on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence issued […]