Legal Issues

Don’t make this $10 million vaccine mistake

August 11, 2022
First, the bad news: An employer recently agreed to pay $10 million to a group of employees who refused to be vaccinated against covid-19 for religious reasons. The good news: The same fate won’t befall your organization if you follow some simple steps that balance religious objections against business and organizational needs.

Ensure exempt teleworkers are properly classified

August 4, 2022
If you have exempt employees who work remotely, be sure they really are exempt. It’s important because it is difficult to track teleworkers’ time. If they have been misclassified, you could violate the Fair Labor Standards Act in two ways: failing to pay overtime and failing to properly track all hours worked.

Accommodating religion: 6 commandments for managers

July 28, 2022
The increasing religious diversity in the workforce is causing more managers to make legal mistakes. And a recent U.S. Supreme Court decision may cause confusion about where managers can draw the line on religion and prayer in the workplace.

Keep it Legal: Let’s get HIPAA requirements straight

July 22, 2022
You may have heard the term HIPAA thrown around in regard to medical privacy. However, HIPAA is often referenced incorrectly, as the general public tends to have a lot of confusion about who HIPAA applies to and what it actually means.

Employers can still ban firearms at work

June 28, 2022
Since the U.S. Supreme Court overturned a New York law restricting the concealed carrying of firearms, employers are wondering if they have the right to prohibit concealed guns on their premises. The short answer is yes.

Tell bosses: Don’t pester teleworkers after hours

June 24, 2022
If you have hourly employees working from home, make sure their supervisors understand their role in preventing surprise wage-and-hour claims.

How to legally navigate employees’ requests to work remotely

June 16, 2022
After roughly two years of isolation, employers are summoning employees back to the office. Not all employees are thrilled, which means many employers are facing resistance from employees who have grown accustomed to remote work.

Fairness can overcome managerial stupidity

May 26, 2022
Employers that are generally fair and reasonable can bounce back from isolated instances in which managers make stupid mistakes that look discriminatory. Having a history of fair and transparent promotions and pay increases tends to demonstrate that an employer doesn’t intend to discriminate.

The wage-and-hour risks of rounding time

May 19, 2022
The DOL says employers should discourage “major discrepancies” between “clock records and actual hours worked.” In other words, frequent and repeated rounding could call into question the accuracy of an employer’s overall time records. So what’s an employer to do?

What do we do if an employee states a medical condition, but doesn’t ask for accommodation?

May 16, 2022
Q: “A new exempt employee has been having issues completing tasks, and has stated he forgets because he was recently diagnosed with bipolar disorder. We sent a reasonable accommodation request form to be completed by the employee and his physician (and included a full job description). On the first deadline, the employee called out sick. We waited a few days past the deadline and sent a request renewal extending the due date. The employee responded that he would not be requesting an accommodation at this time. Since the employee disclosed to his supervisor his condition as a reason for not competing work and missing deadlines, what are our obligations at this time? Do we still have an exposure because he made the statement? He has been out frequently.”  – Lorraine, New York