Most Popular

Not your stereotypical sexual harasser: encountering sex-based misconduct at work

by Stefanie M. Renaud With the announcement of Gretchen Carlson’s (and, subsequently, several other female employees’) complaints about Fox News head Roger Ailes and his ensuing resignation, sexual harassment has recently been in the news. Although Ailes’ conduct somehow slipped under Fox’s radar, most other employers know that employee complaints about sexual harassment are a […]

Anatomy of an employment lawsuit: best HR practices to help you win

by Michael J. Modl Imagine you employ Rajesh Tank, an employee of Indian descent, as a regional VP. Other employees report that Tank engaged in unprofessional conduct that hurt team morale, showed favoritism toward certain employees, and pressured employees to hire a particular contractor. You investigate the allegations, find some truth to them, order Tank […]

OFCCP on Pay Equality: ‘We Must Do More’

Latifa Lyles, Acting Director of the Women’s Bureau (WB), noted that today, full-time female workers earn on average only 81 percent of what their male counterparts earn. For African-American females and Latinas, the wage ratio is substantially lower: 68 cents and 59 cents, respectively. But the real cost of the pay gap is more than […]

When Using AI at Work, Be Sure to Avoid Wage and Hour Claims

Employers are looking to save time and money and are turning to artificial intelligence (AI) to make employment practices more efficient. In early 2024, the U.S. Department of Labor (DOL) issued guidance to help employers navigate the use of AI. The takeaway is that eliminating humans from critical employment processes could result in a violation […]

Oriole Park Concession Employees Strike Out with FLSA Claims

by Kevin C. McCormick In a recent decision, the U.S. Court of Appeals for the 2nd Circuit found that the employees who worked concessions at Oriole Park at Camden Yards were not entitled to overtime compensation under the Fair Labor Standards Act (FLSA) because a concessionaire is an “amusement or recreational establishment” exempt from the […]

Sex

Welcoming Transgender Individuals in the Workplace

Recently, President Trump sought to ban transgender individuals from serving in the military via a series of tweets that included reference to “the tremendous medical costs and disruption that transgender in the military would entail.” So far, the ban doesn’t appear to be taking place, but it has raised concerns among transgender people everywhere.

fired

In California, You Can’t Fight Fire with Firings: Preventing Domestic Violence at Work

On April 10, 2017, a 53-year-old man walked into a special needs classroom in San Bernadino, California, pulled out a gun, and shot his estranged wife, 53-year-old Karen Elaine Smith. Two children standing near Smith were also hit by gunfire; 8-year-old Jonathan Martinez died later at the hospital. The gunman then turned his gun on […]

arbitration

Court Upholds Dismissal After Employee Couldn’t Prove Monetary Damages

The U.S. 7th Circuit Court of Appeals (whose rulings apply to all Illinois, Indiana, and Wisconsin employers) recently interpreted the Family and Medical Leave Act (FMLA) in a case involving an interesting set of facts. The employer altered an employee’s position while he was on leave, but his compensation was frozen at a pre-leave level […]

Tips for Managing a Reduced Workforce Cutting Corners to ‘Save a Buck’ Can Cost Millions Down the Line

by Warren Nelson and Karl Lindegren, Fisher & Phillips, LLP  In today’s tough economy, employers worldwide have been forced to shed key personnel in order to minimize costs. Companies large and small have reduced their workforce by drastic numbers, many left with no choice but to lay off valued employees. However, in the wake of […]