Legal Issues

Employment law changes: What to expect into 2022

May 26, 2021
Paid sick leave—an issue supported by President Biden and gaining steam in state legislatures—is the top legislative issue that employers expect to impact their businesses over the next 12 months, according to a new Littler survey of 1,100 HR professionals and in-house attorneys.

$150M reminder: Beware ‘predictive scheduling’ laws

May 21, 2021
A growing number of states and cities (including Oregon, New York City and Chicago) have new laws requiring employers to give workers advance notice of their upcoming schedules and any changes.

No coverage for burnout under the FMLA, court rules

May 19, 2021
Sick and tired of being sick and tired? That isn’t enough to qualify for FMLA leave. According to a federal trial court, employee burnout isn’t a serious health condition covered under the FMLA.

Should you remove ‘he’ & ‘she’ from handbook?

April 22, 2021
As more employers take steps to make nonbinary individuals feel more comfortable in the workplace, some organization are working to create gender-neutral employee policies and handbooks.

Pay employees for pre-shift COVID screening

April 15, 2021
To decide if you must pay employees for their pre- or post-work activities—such as putting on uniforms, waiting in a time-clock line, etc.—take a look at the Fair Labor Standards Act. The main issue is whether the pre- or post-activity is “integral” and “indispensable” to the employee’s principal activity.

Before you assign any overtime …

March 26, 2021
Here’s how to dish out overtime hours and avoid legal trouble.

EEOC cracks down on teen worker harassment

March 23, 2021
Many teenagers find their first jobs at fast-food or sit-down restaurant chains. Unfortunately, that kind of work often comes with a side of sexual harassment. The EEOC wants to stop that rite of passage.

#1 reason you can’t fire worker for going #2 on office floor

March 18, 2021
You’d think it would be easy to fire a worker who defecates on the workplace floor and tells his manager he left a “present” for him. The problem: The employee is a member of a labor union.

Has this employee provided notice of FMLA leave ‘as soon as possible and practical’?

March 1, 2021
Q: “We have a policy that says you must provide one hour’s notice of your absence prior to the start time of your shift or disciplinary action will result. We have an hourly (union) employee whose start time is 3:00 pm and who called in at 2:18 pm for FMLA leave. Are we still able to write them up due to the policy infraction even though they called in for FMLA purposes?” – Randy, Iowa

Recruit broadly to ensure diverse applicant pool

January 14, 2021
Employees and job applicants can win age discrimination lawsuits if they prove an employer’s personnel practices have a negative disparate impact on older persons.