HDR thirdshift
Nov
02

Failure to train managers about the FMLA can lead to hefty verdicts against employers

It’s no secret that training managers about the Family and Medical Leave Act (FMLA) can appear to be expensive for employers. But what happens when managers haven’t received enough training on the FMLA?

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762 Hits
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Oct
12

Sexual harassment litigation is expensive

As the latest news cycle reminds us, sexual harassment continues to plague American workplaces. In addition to affecting leadership confidence, employee morale, and public opinion, claims of sexual harassment carry with them another negative: Litigating sexual harassment claims is expensive.

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729 Hits
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Oct
05

Employers can’t adopt a broad no-recording rule

On June 1, 2017, the U.S. Second Circuit Court of Appeals affirmed a decision of the National Labor Relations Board (NLRB) about an employer rule barring employees from making recordings without prior approval.

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Sep
22

Sexual-orientation discrimination has reached the U.S. Supreme Court

Update on Evans: On December 11, 2017, the U.S. Supreme Court denied a writ of certiorari in this case. Because the denial means that the Supreme Court has affirmed the Eleventh Circuit’s decision, sexual orientation discrimination is not recognized in the Eleventh Circuit (Alabama, Florida, and Georgia).

Earlier this year, I predicted the issue of sexual-orientation discrimination was headed all the way to the United States Supreme Court. On September 7, 2017, the issue did, in fact, reach the Supreme Court when the Lambda Legal Defense and Education Fund filed a petition for a writ of certiorari on behalf of Jameka Evans. Ms. Evans had sued her employer for allegedly firing her for being a lesbian.

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698 Hits
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Sep
20

New overtime regulations ruled invalid

Update: On October 30, 2017, the U.S. Department of Labor (DOL) filed a notice to appeal this decision to the U.S. Fifth Circuit Court of Appeals. Once this appeal is docketed, the DOL will file a motion to hold the appeal in abeyance while the department undertakes further rulemaking to determine what the salary level should be.

The Obama Administration issued new regulations about overtime that were to take effect on December 1, 2016. Just before they were to take effect, a U.S. district court in Texas enjoined the regulations. So since about December 1, 2016, employers have been in legal limbo about what’s going to happen.

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