Legal Issues

Compelling need required to demand ‘perfect English’

November 12, 2020
Ensure supervisors understand they can’t require employees to be fluent English speakers unless it’s essential to performing their jobs. Insisting on “perfect English” can easily trigger an EEOC lawsuit.

Online training time: DOL explains when to pay

November 12, 2020
The U.S. Department of Labor has issued a new opinion letter that helps clarify when employers must pay workers for the time they spend undergoing training that is delivered online.

Avoid the high cost of not posting promotions

October 22, 2020
Failing to post job announcements where employees will see them may trigger an expensive lawsuit. That’s a very real problem now. With more employees working remotely, there are fewer chances to spot a promotion opportunity on the breakroom bulletin board or learn about an opening during a casual chat with a co-worker.

Does ‘religious freedom’ give OK for job bias?

October 15, 2020
In recent years, many corporations have made an effort to show their inclusive nature to certain groups, including the LGBT community. But what should your company do if an employee cites “religious freedom” as a reason to reject those company efforts?

Persistence pays off when accommodating disabilities

October 1, 2020
The ADA requires employers to engage in an interactive process to figure out if a reasonable accommodation will let a disabled employee perform the essential functions of her job. The employer gets to choose the accommodation. If, after trying possible accommodations, the employee still can’t do her job, the employer can terminate her.

Audit duties, pay scales to ensure EPA compliance

September 17, 2020
Ensure Equal Pay Act compliance by routinely reviewing all job descriptions for similarities between positions. Then check similar positions’ salary ranges for consistency and the sex of job incumbents.

Ensure diagnostic apps protect worker privacy

September 10, 2020
An attempt by New York City to keep municipal employees from spreading the coronavirus has prompted a union local to file an unfair labor practices complaint with the National Labor Relations Board.

Warn bosses: Harassment can bring personal liability

August 6, 2020
Remind all supervisors that discriminating against employees or harassing them doesn’t just create liability for the company. It could become a big legal problem for them personally. Several federal laws and many more state laws make that possible.

3 overlooked basics of a telecommuting agreement

July 30, 2020
If you don’t have a telecommuting agreement on the books, attorney Anniken Davenport provided guidance on how to structure one in a recent webinar.

When have you crossed the line into immigration status discrimination?

July 29, 2020
Many employers don’t grasp the subtle difference between national origin discrimination and immigration status discrimination. Take our quiz to determine if your company is engaging in legally dangerous practices.