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While federal law is generally silent on the issue of shift changes and shift scheduling, more and more states and municipalities are enacting predictive scheduling laws to give shift workers more flexibility and schedule security. Federal Law Remains Mostly Silent The Fair Labor Standards Act (FLSA) generally does not require employers to give advance notice to […]
A retaliation claim can be successful even when the original discrimination claim fails to establish a violation of law. The same laws—federal and typically state laws—that prohibit discrimination based on race, color, sex, religion, national origin, age, disability, or genetic information also prohibit retaliation against individuals who oppose discrimination or participate in an employment discrimination […]
The Consolidated Omnibus Budget Reconciliation Act, which stands for COBRA, has been around for a long time. Still, it remains the source of thorny compliance problems and a fertile ground for litigation. The sheer complexity of the COBRA scheme, and the timing issues involved, can throw off even the most diligent and conscientious employer. COBRA […]
An unfortunate issue employers continue to face is the rise of workplace violence. The most recent statistics from the Bureau of Labor Statistics show 392 workplace homicides and 37,060 nonfatal workplace injuries resulting from an intentional injury by another person in 2020, when many workers were forced to stay home due to the global pandemic. By all accounts, workplace […]
No federal or state law requires an employer to publish an employee handbook. However, many HR and legal professionals consider handbooks a best practice. A well-crafted handbook can provide legal protection in a lawsuit should an employee claim they were unaware of the employer’s policies. Handbooks provide vital information on standards of conduct for employees, […]
The Pregnancy Discrimination Act of 1978 (PDA) makes it illegal for employers to discriminate against pregnant employees and requires reasonable accommodations for an employee’s known limitations related to pregnancy or childbirth. Let’s look at how the PDA and the PWFA affect employers who have pregnant employees. We’ll be using West Virginia’s version as an example, […]
Question Are we required to provide American Sign Language (ASL) or English-language interpreters for candidates in job interviews? If so, who pays? Answer Not necessarily, but you are required to reasonably accommodate candidates with disabilities, including candidates who are deaf. Reasonable accommodations can include sign language interpreters but can also include written materials produced in […]
COVID-19 changed the face of the employment environment for the foreseeable future and beyond. With the proliferation of remote work arrangements, it is essential for employers to define their policies, requirements, and eligibility to engage in remote work programs in order to streamline the process, establish expectations, and avoid legal entanglements. A well-written employee handbook […]
In our latest installment of Ask the Expert, we are featuring a recent subscriber question that was sent into HR Hero®‘s HR Hotline, looking for advice how to proceed when an employee refuses to sign an updated handbook acknowledgement. Q: We have an employee who does not want to sign the new Employee Handbook acknowledgment form. What […]
Employers are coming to realize in increasing numbers the importance and value of creating job descriptions that reflect inclusivity. Carefully drafting descriptions to avoid traditional gender-based biases leads to many benefits, including promoting gender diversity and bolstering your recruitment efforts by attracting more qualified applicants for your open position. Step 1: Eliminate Gender-Bias There are […]