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Question: We provide laptop computers to all our personnel. Many employees damage them during employment or return them with damage upon leaving employment. What are our options for recouping from employees the costs of repairing or replacing the damaged employer-owned materials? Answer: Basically, the company’s two main options for recuperating losses for damage to company […]
On April 30, 2024, the Office of Federal Contract Compliance Programs (OFCCP) announced the release of a new artificial intelligence (AI) landing page. Following the link, the OFCCP provides 10 FAQs following by “promising practices” on the development and use of AI by federal contractors. While the promising practices aren’t expressly required, the agency describes them […]
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final harassment guidance, updating the previous version with Bostock, #MeToo, and remote work issues. The most controversial guidance involves broad protections of LGBTQ+ employees, especially transgender employees, which the EEOC believes is a natural extension of the Supreme Court’s Bostock decision and has already drawn the expected […]
The general rule on noncompete clauses in many states has been unchanged for some time. Unless there’s a public policy reason to declare them void, noncompetes are generally enforceable as long as they are reasonable in time and scope and narrowly tailored to protect the employer’s legitimate business interest without imposing an undue hardship on […]
In a recent U.S. Supreme Court decision, there was no question that the complaining employee was moved out of her position because of her gender, but she suffered no loss of pay or rank. So the Court had to determine whether she was still able to maintain an employment discrimination claim under Title VII of […]
A recent survey of U.S. employers found that 45% plan to cut out their bachelor’s degree requirements for some positions during 2024. That survey also found 55% of companies had removed degree requirements during 2023. Another telling statistic: Four in five of the employers surveyed said they value experience over education when they evaluate candidates […]
A recent decision by the Texas Supreme Court provides a valuable lesson for employers on how to draft employee discipline. Let’s start by examining law theory and then move on to look at how to put theory into practice. Legal Theory An important concept in Texas employment law is causation in a retaliation claim. For […]
The COVID-19 pandemic opened the floodgates for requests to work remotely as a disability or pregnancy accommodation under state and federal law. Many employers have been unsure how to handle such requests, and there hasn’t been much guidance from the courts on the topic. But that’s changing. Here’s what one Illinois appellate court has to […]
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 […]
Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a notice of proposed rulemaking by the Federal Trade Commission (FTC) in late 2023, sweeping memoranda from the National Labor Relations Board (NLRB), and final rules from the NLRB on joint employment. All of this is […]