Tag: HR compliance

Affirmative Action Plans: Are Those Still a Thing?

There have been changes to the requirement for federal contractors to have affirmative action plans (AAPs) since the Trump administration came into office.  In Executive Order (EO) 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” issued on January 21, 2025, the administration rescinded EO 11246 and required the Office of Federal Contract Compliance Programs (OFCCP) to “immediately […]

Private Sector Employers Weigh Supreme Court’s Ban on Nationwide Injunctions

The Supreme Court’s recent ruling in Trump v. CASA that banned federal district court judges from issuing nationwide injunctions was met with mixed feelings among employer groups. Some of the most well-known injunctions were sought by employers—against the Occupational Safety and Health Administration’s (OSHA) vaccine mandate, federal contractors’ minimum wage, certain expansive pregnancy regulations, and […]

6th Circuit Rules Pension Fund Didn’t Properly Calculate Withdrawal Liability

The U.S. 6th Circuit Court of Appeals (whose rulings apply to all Michigan employers) recently decided a case involving an employer that withdrew from an underfunded, multiemployer pension plan. According to the court, the actuary didn’t use the best estimate when determining the employer’s share of the unfunded liability under the Employee Retirement Income Security […]

disability

Don’t Drag Your Feet on Accommodation Requests

All day long you give me the runaround When you say something here, You mean something there You give me the runaround Same thing yesterday, Same thing the day before from “Runaround” by Tulsa songwriter J. J. Cale Under the Americans with Disabilities Act (ADA), an employer should grant accommodations to employees with a disability, […]

Few Lawsuits in First Half of 2025; Flurry of New Cases for End of FY2025

The Equal Employment Opportunity Commission (EEOC) has filed only 16 lawsuits so far in 2025, far below the 36 filed at this time last year. Of the 16 lawsuits, six are sexual harassment, three are religious discrimination, three are disability discrimination, two pregnancy discrimination, and one each are age discrimination and national origin discrimination. At […]

FMLA Riddle: When is an FMLA Violation Not a Violation?

The Family and Medical Leave Act (FMLA) continues to baffle lawyers and HR professionals. But sometimes a riddle brings welcome news, as we see in a recent decision from the U.S. 5th Circuit Court of Appeals (the federal court of appeals covering Texas). Read on. Where’s the Beef? Virginia Adams worked for Columbia/HCA Hospital. She […]

monitor

Is Your HR Team Listening Legally? Avoiding Compliance Risks in Call Monitoring 

HR professionals often implement call monitoring to support employee development, improve customer service, and ensure policy compliance. These are valid goals. But without a legal framework backing these efforts, the risk of unintentionally violating employee rights is high.  Even when intentions are good, execution still matters. Monitoring without a clear policy—or in ignorance of state […]

Managing Disability-Related Misconduct is a Potential Legal Minefield

The Americans with Disabilities Act (ADA) defines “disability” as a physical or mental impairment that substantially limits one or more major life activity. The ADA Amendments Act of 2008 (ADAAA) clarified that the ADA’s definition of disability is to be construed broadly to protect the individuals asserting claims under the ADA. Nearly two decades after […]

Navigating Recent Changes to California Wage and Hour Laws

The recent changes to California’s wage and hour laws have significant implications for employers operating within the state. While the reforms are aimed at providing clearer guidelines for employers, there are still complex issues that HR professionals and employment lawyers must address. Key updates that affect your organization and what you can do to stay […]

Company Culture Is What You Tolerate: Why Consistency Matters More Than Slogans

Most organizations can describe their company culture, but fewer can prove it. Culture isn’t what’s written on a careers page or stated in a company all-hands, but what gets rewarded, ignored, corrected—or tolerated. Culture Lives in the Gray Areas The biggest threat to a healthy culture is inconsistency. When some behaviors are addressed and others […]