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By Susan Schoenfeld, JD In March 2015, the U.S. Supreme Court’s decision in the case of Young v. UPS prompted some changes in how the Pregnancy Discrimination Act (PDA) will be applied and interpreted by the EEOC.
In yesterday’s Advisor, business consultant Bridget Miller presented some of the benefits of recruiting contingent workers for your organization. Today, Miller highlights the risks involved. What Are the Risks? There can be downsides to having contingent workers. Here are some of the concerns: Employee morale may be affected. Depending on the implementation of a contingent […]
In a 5-4 ruling in Obergefell v. Hodges released on June 26, 2015, the Supreme Court held that same-sex marriage is a fundamental right guaranteed by the 14th Amendment of the United States Constitution, expanding the right to gay marriage to the remaining 13 states that had not previously allowed it. Read more.
With the recent U.S. Supreme Court decision making same-sex marriage bans illegal across the country, many people have raised the question of discrimination. It may be legal for same-sex couples to marry, but it’s still also seemingly legal in many areas for businesses to discriminate based on sexual orientation. These two issues are fundamentally incompatible.
The U.S. Supreme Court on May 18 unanimously vacated a federal appellate court ruling that found that employee retirement plan participants’ claims about fees applied to their plan were time-barred, sending a clear message that plan fiduciaries have an ongoing duty to monitor investments, their expenses and other related claims within that duty’s statute of […]
When football season kicked off earlier this year, I took the chance to glean some insights for HR professionals from the difficult job facing the new college football playoff selection committee. Now that we’re coming up on the end of the football season, I’m turning to the committee once more for inspiration. As I write, the […]
To recap: A decision from the U.S. District Court for the Northern District of Iowa shows how far some former employees will reach to stretch their termination into some legal claim against their employer. More important, though, it underscores the importance training and supervisor/manager competence can play in protecting employers from spurious legal claims. Joshua […]
Managers who supervise telecommuters need to know whether their employees are putting in the required hours and/or getting their work done at home. However, managers also need to be aware of whether telecommuters are taking enough breaks from their sedentary work. A recent court case demonstrates some of the important implications that must be considered […]
What can you do if you discover that you’ve mistakenly designated leave as FMLA-qualifying? Several cases help point the way to the policy you should follow. Employer’s Promise (Designation) Must Be Kept Some courts have held that employees are entitled to FMLA protections based on representations made by the employer, even if the employer’s representation […]
The U.S. Supreme Court will decide whether the Pregnancy Discrimination Act requires employers to accommodate pregnant employees, it announced July 1. The court agreed to review Young v. United Parcel Service, Inc., a case from last year in which the 4th U.S. Circuit Court of Appeals ruled that a corporate policy that does not include […]