Practical HR Tips, News & Advice. Updated Daily.
On September 1, 2021, the Occupational Safety and Health Administration (OSHA) released a memorandum establishing a new enforcement initiative to prevent and protect employees from heat-related severe illnesses and deaths while working in hazardous hot indoor or outdoor environments.
by Paul Ross As veterans of employment litigation can tell you, employment discrimination claims are rarely supported by direct evidence of discriminatory decision making. In the overwhelming majority of cases, employees support their entire case with circumstantial evidence. In short, they attempt to cast as much doubt as possible on the reasons offered by the […]
by Sam R. Fulkerson The Equal Employment Opportunity Commission (EEOC) announced in January that 93,277 workplace discrimination charges were filed nationwide during 2009 — the second-highest level ever — and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, […]
by Charles S. Plumb Understanding and applying the rules of the Family and Medical Leave Act (FMLA) causes employers and HR professionals untold frustration — frustration that’s heightened by employees who unfairly take advantage of the Act and its complexities. Here are some practical suggestions for enforcing the FMLA and cutting down on FMLA abuse […]
By Charles S. Plumb Yesterday’s ruling by a federal court of appeals stops enforcement of key portions of Oklahoma’s sometimes controversial immigration law known as House Bill 1804. First, a brief history. House Bill 1804 went into effect on November 1, 2007, and its business-related immigration provisions were immediately challenged in court. On June 4, […]
by Kathy Neal Many things can be scary for the unseasoned HR manager, particularly when it comes to wage and hour law. One of the scariest areas involves pay deductions. HR Guide to Employment Law: A Practical Compliance Reference Understanding the Fair Labor Standards Act – FLSA Many employers issue laptops or smartphones to their […]
by Dara Wanzer Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be […]
For many employees, the need to care for sick or very young family members weighs more heavily these days. Jobs are scarce, and staying employed is crucial, but family needs don’t magically disappear. While the Family and Medical Leave Act (FMLA) allows unpaid employee leave to care for others, it doesn’t apply to all employers, […]
by Sam Fulkerson A new decision from the Tenth Circuit makes an important distinction about what constitutes a “consumer report” under the Fair Credit Reporting Act (FCRA). In addition, new amendments under the Fair and Accurate Credit Transactions Act (FACTA) designed to prevent identity theft amended the FCRA effective November 1, 2008. Let’s look at […]
by Tony Puckett Recently, the Equal Employment Opportunity Commission (EEOC) issued new guidance on religious discrimination under Title VII of the Civil Rights Act of 1964. It also issued two other sets of materials addressing religious discrimination: “Questions and Answers: Religious Discrimination in the Workplace” and “Best Practices for Eradicating Religious Discrimination in the Workplace.” […]