Tag: Compensation

AI is Creating HR Problems for Employers

AI Hiring Tools Can Violate FCRA  A recent lawsuit filed in California should raise serious concerns to any employer using artificial intelligence (AI) to screen applicants. The lawsuit, Kistler et al. v. Eightfold, AI Inc., claims the platform scraped personal data on over a billion workers, assigned each applicant a scored ranking, and filtered out lower-ranked […]

Requiring PTO Use Before Unpaid FMLA Leave is Allowed, But Note State Requirements

Q: Can we require employees to use accrued paid time off (PTO) before taking unpaid Family and Medical Leave Act (FMLA) leave, or must we provide FMLA leave and allow them to take PTO during the leave if needed? Under the FMLA, employers may require employees to use accrued PTO, such as vacation leave, personal […]

Texas Court Green-Lights New Claim Against Poaching CEO

On June 9, our federal court of appeals gave the go-ahead to a Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit made personally against a CEO accused of masterminding the theft of competitors’ trade secrets. In an increasingly competitive business environment, new tools are welcome in fighting unfair practices.   What is RICO?  Back in 1970, […]

EntertainHR: Fourth Wing’s Basgiath War College: An HR Nightmare Dressed In Dragon Riding Leathers 

Rebecca Yarros’s Fourth Wing centers on Basgiath War College, an elite military academy that produces elite dragon riders capable of defending Navarre. While Basgiath exists in a fantasy military state rather than a contemporary workplace, an HR department dropped into Navarre would likely shut down the Riders Quadrant before lunch. Basgiath is full of lessons for real-life employers, to ensure their workplace adheres to the workplace, safety, […]

HRDA Frankly Speaking: External Factors on Internal Culture

Tyrese Manigault, Senior Manager of Employee Engagement of NASCAR, opened up a discussion during SPARK HR on the future of DEI, AI’s effects on leadership, and how leaders view legacy. In his panel, he broke down just how important it is for HR professionals to own up to what they can’t control, and approach what […]

benefits

Professor Sues SMU for ‘Race’ Discrimination

“Race” is in quotes in the headline because the lawsuit covered in this article illuminates a definition of “race” that might surprise you. Tenure Denied, Terminal Year Triggered, Lawsuit Filed Academia is a self-contained universe. Your employment contract is renewed year to academic year if performance is satisfactory. In year six, the year-to-year probationary period […]

PWFA Claims Have Arrived: Anatomy of a Lawsuit

Cases are just now starting to come out involving the Pregnant Workers Fairness Act (PWFA). For lessons on how one employer ran afoul of its obligations, read on. Timeline It’s often helpful in a factually dense case to break events into a timeline: King filed a PWFA lawsuit, and the court denied the company’s request […]

HRDA Frankly Speaking: Gen Z: The Storytelling Generation

Since birth, Gen Z has been surrounded by technology, media, and easy access to as much information as possible. The result? They’ve grown incredibly skilled at something every business needs more of, yet few are capitalizing on it: storytelling. We’ve seen a sharp decline in entry level roles this year. Mixed with other economic uncertainty […]

salary

Salary Ain’t the Rule: Don’t Just Assume the Overtime Exemption Applies

I hear the incredulity from clients constantly: “Overtime? We pay our employees a salary—they aren’t eligible for overtime.” I call it the salary assumption. Unofficially, it’s the most common misconception in employment law. And it’s an understandable mistake. If an employee is paid a salary, how could an hourly overtime rate apply? The Fair Labor […]

Severance Agreements: Parting Ways Without Parting Claims

Employers that terminate or mutually agree to part ways with an employee may negotiate, elect to enter, or be obligated by an existing employment agreement to enter into a severance agreement with the departing employee. A severance agreement is an arm’s length agreement between employer and departing employee that serves many purposes and is highly […]