Practical HR Tips, News & Advice. Updated Daily.
Following Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court’s employee-friendly Private Attorneys General Act (PAGA) ruling earlier this year, employers must remain more diligent than ever to prevent and mitigate costly wage and hour litigation. Estrada eliminated one of employers’ central tools to curb sprawling PAGA claims: requesting dismissal based on the court’s […]
Employers worried about the effect of a new joint employer rule are breathing a sigh of relief after a court blocked its implementation, and now employers using independent contractors may also be feeling better. A new rule from the National Labor Relations Board (NLRB) would have made it harder for employers to avoid joint employment […]
The Americans with Disabilities Act (ADA) and Massachusetts General Law Chapter 151B (Chapter 151B) both require employers to provide reasonable accommodations absent undue hardship to employees and to engage in an interactive dialogue with those who need a reasonable accommodation. Employers that fail to do so face legal liability. The recent jury verdict in Menninger […]
Union-organizing efforts aren’t limited to historical union strongholds like manufacturing, construction, and the public sector. Even though unions currently represent only about 1.3% of the financial services industry, they’re looking to organize financial services employees. Case in point: On December 20, 2023, Wells Fargo branch employees in Albuquerque, New Mexico, voted 5 to 3 in […]
Among the many perils of litigation, one of the biggest concerns employers express is the risk of an astronomical jury verdict. On Feb. 1, 2024, the Fifth Circuit Court of Appeals addressed this issue when it cut an eye-popping $366 million jury verdict against FedEx to just $249,000. The decision in Harris v. FedEx Corporate […]
The last several years have seen artificial intelligence (AI) become mainstream in the workplace. Today, HR professionals widely use AI tools for recruiting, onboarding, and administering leave and benefits. Managers use generative AI to assist with their administrative and supervisory responsibilities, such as writing performance reviews. Engineers use AI to write or check code. And […]
On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.” Airgas USA Sued for Disability Discrimination Over Employee’s Hemp Use In Fisher v. Airgas USA, LLC, Fisher was an operation technician who used power tools, worked […]
According to the Department of Labor (DOL), recent years have seen an enormous increase in the amount of child labor violations within the United States. For example, the DOL found child labor violations affecting 5,792 children in fiscal year (FY) 2023, up from 3,876 in FY 2022. In response, Congress, the Biden administration, and the […]
Question: We have an employee who is currently breastfeeding and having issues with her performance. She’s reserving our mother’s room four times per workday for an hour each time. Is there a way to navigate this excessive use of the accommodation according to the Pregnancy Discrimination Act (PDA)? We’re concerned about her ability to get […]
The close of 2023 treated us to Wonka, a prequel to the beloved childhood classic, shedding light on the origins of the iconic Chocolate Factory. Although Willy Wonka initially began his chocolate empire with good intentions, he inadvertently concocted a recipe for labor and employment violations. As employers aim to sweeten their practices in 2024, […]