Tag: compliance

She’s Too Sexy for Her Dress? Flight Attendant Sues for Discrimination, Harassment

Even if an individual employee complies with the dress code, can she be asked to change clothes because she is too distractingly curvaceous? Can she be terminated for inappropriate social media activity, when similarly situated males were not? Was she terminated because she complained about discrimination and harassment, or because she posted risqué pictures while […]

Bar the door: Actionable Tips for Defending FMLA Claims

Good timing can mean the difference between success and failure, and waiting too late can cost you—as a transit employee discovered the hard way. Although this case comes from a different state, it’s still helpful when defending Family and Medical Leave Act (FMLA) claims in Texas. Chronic Serious Health Condition As a threshold matter under […]

To Tell the Truth: Falsehood Dooms Lawsuit

The law requires that both sides to a lawsuit play fair. When that’s not the case, the side playing fast and loose with the rules gets punished. For a recent prime example, read on. Deposition Falsehood! After Daniel’la Deering was fired from her job as an in-house lawyer for Lockheed Martin, she sued for unlawful […]

Mayfield Ruling Highlights Overtime Exemption Pitfalls: What HR Needs to Know 

Understanding overtime exemptions under the Fair Labor Standards Act (FLSA) can be one of the more challenging responsibilities HR professionals face. The complexity of exempt classifications—particularly for executive, administrative, and professional employees—requires diligence, especially as roles and salary thresholds evolve. On September 11, the Fifth Circuit Court of Appeals’ ruling in Mayfield v. U.S. Department […]

Take Steps to Ensure WARN Act Compliance in the Age of Remote Work

As remote work arrangements proliferate, it’s crucial for employers to remain compliant with legal obligations, including those outlined in federal and state Worker Adjustment and Retraining Notification (WARN) acts. State WARN acts are sometimes called “mini-WARN” laws. Generally, WARN laws require a covered employer to provide substantial notice (60 days for the federal statute) to […]

pay transparency

Be Careful You Don’t Inadvertently Violate Other States’ Wage Transparency Laws

Recently, in the first of a series of articles focusing on companies’ online employment recruitment practices, we wrote about a company’s need to consider what states require an employer to include (or prohibit an employer from including) in a job application that is made available online to residents of states other than Massachusetts. Here, we […]

AI in the Workplace: Crafting Policies for Employees’ Use of Generative AI

Artificial intelligence (AI) is becoming increasingly prevalent in workplaces, providing new opportunities and new challenges for employers and employees. While AI has the potential to improve efficiency and productivity, its use also raises important questions around issues like privacy, discrimination, and job displacement. Employers that choose to implement AI should consider including a provision in […]

Companies’ Online Recruiting Should Comply with Other State Laws

During the pandemic, both employers and employees discovered that remote work could benefit them. Allowing remote work has expanded employers’ pool of applicants nationwide. Despite the advantages of a bigger pool of candidates and cost savings, we’re beginning to see cases stemming from employers’ inadvertent violations of other states’ laws when making work available to […]

Balancing the Scales: How Scheduling Software Promotes Workplace Equity

Maintaining fairness and transparency in the workplace continues to be instrumental in meeting the expectations of a modern and socially conscious workforce. Research from Gartner predicts that in 2024, companies will shift DEI implementation to be less siloed and more integrated throughout the organization. Companies have opportunities to become more equitable and transparent. One way […]

Prepare to Comply with 2024 ACA Deadlines to Avoid Penalties

Employers across the United States that have yet to act on their Affordable Care Act (ACA) filing duties are running out of time and should move swiftly. To comply with the ACA 1095-C furnishing deadline for the 2023 tax year, employers must send forms to their full-time employees by March 1, 2024. Further, to comply […]