Category: HR Management & Compliance

There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.

HR Works Podcast: Get Your Workforce PWFA-Ready! (Part 2) – Reasonable Accommodation

Guest: Paige Hoster Good, Attorney and Shareholder with McAfee & Taft What constitute as “reasonable accommodations” under the newly proposed Pregnant Workers Fairness Act (PWFA) regulations? What steps are employers required to take when a qualified employee requests accommodation for a “known limitation” due to pregnancy, childbirth, or related medical condition? Our coverage around the […]

Case Study: Employee Can’t Show Firing Was Because of Her Gender

Discrimination claims are determined by a three-step analysis. Usually, the third step in this analysis—pretext—is key. Despite the ways in which courts have outlined how pretext for discrimination can be proven, there are times when an employee’s evidence of pretext falls short. A recent case from the U.S. 4th Circuit Court of Appeals is a […]

U.S. DOL Wins Latest Battle in War with Restaurant Associations Over the Tipped Employee ‘80/20’ Rule

In Restaurant Law Center et al. v. US Department of Labor, Case 1:21-cv-01106-RP (W.D. Tex. July 6, 2023), the Texas Federal District Court granted summary judgment in favor of the Department of Labor (DOL), upholding the DOL’s December 2021 regulations on the “80/20 Rule,” denying the plaintiffs’ summary judgment motion, and refusing to enter the requested […]

SCOTUS Subtly Redefines the Landscape of Workplace Religious Accommodations

Since 1977, employers evaluating whether an employee’s religious accommodation request would cause undue hardship on their business had a low burden to meet. A denial of a religious accommodation could likely be justified if the proposed accommodation involved more than de minimis cost or inconvenience to the employer. Recently, the U.S. Supreme Court changed that […]

Case Study: 5th Circuit Says Remote Work Can Be Reasonable ADA Accommodation

The U.S. 5th Circuit Court of Appeals (whose rulings cover Texas, Louisiana, and Mississippi) shocked employers out of the summer doldrums with a new opinion issued on June 28, 2023. In a 2-1 vote, it declared that remote work or commuter assistance for an employee in the Houston area can be a reasonable accommodation under […]

How to Handle a Difficult Employee

Within your company, is there one employee who just kind of gets everyone’s guard up? Maybe they’re a bit rude or forceful. Maybe they kick back too often and let others pick up the slack. Or maybe their negative attitude is just a total drain on business operations. The problems they bring to the table […]

If Noncompetes Are Gone, What’s Next?

Protecting against intellectual property theft and unauthorized disclosure of confidential business information has always been an important practice for businesses, yet the continuing evolution of the labor market post-COVID has increased the risk of intellectual property loss due to employee mobility and remote work. Employers have traditionally turned to noncompete, nonsolicitation, and confidentiality agreements to […]

What To Expect (From the Pregnant Workers Fairness Act) When You’re Expecting

Since 1978, the Pregnancy Discrimination Act (PDA)—which amended Title VII of the Civil Rights Act of 1964—has prohibited discrimination based on pregnancy, childbirth, and related medical conditions. For 45 years, however, the landmark law fell short of specifically addressing a pregnant or postpartum employee’s need for special accommodations while working. Until now. A New Law […]

Complying with the OFCCP’s New Disability Self-Identification Form

On July 25, 2023, an updated form from the Office of Federal Contract Compliance Programs (OFCCP) became required for all applicable federal contractors and subcontractors subject to Section 503 of the Rehabilitation Act. The new form lists additional disabilities, expands the possible responses, and provides more descriptive and inclusive language. It also clarifies that completing the form […]