You may recall that in 2021 the State of Florida, in a much-publicized move, passed a law called the “Stop W.O.K.E. Act,” which banned Florida employers from mandating employee attendance to any training or instruction that “espouses, promotes, advances, inculcates, or compels” a certain set of beliefs regarding the treatment of individuals based on race
If an individual’s disability causes involuntary racist or profane utterances, what would a reasonable accommodation under the ADA look like? In Cooper v. Dolgencorp, LLC, the Sixth Circuit faced just such an inquiry.
The ADA protects a qualified individual with a disability who can perform the essential functions of his or her
Changes in supervision may result in fresh ways of doing things. Certain rules that were never fully enforced may now come to the forefront. Can a new supervisor’s radical change in a long-term employee’s performance rating be the basis for a claim of pretext in an employment discrimination claim? The Seventh Circuit appears to say
As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent record-keeping. Many employers have “point-based” disciplinary policies in which certain violations earn an employee points that are reflected in their personnel record. Once an employee reaches a certain level of points
Today, the NLRB issued their Final Rule on what constitutes joint-employer status under the National Labor Relations Act. This new rule overrides the old 2020 standard, that was much stricter in what type of control had to exist over employees.
Under the new rule, companies or entities can be considered joint
For more than 50 years, the Equal Employment Opportunity Commission has required certain employers to submit annual EEO-1s with workforce demographic data (i.e., number of employees by job category and by sex and race or ethnicity). Additionally, the Office of Federal Contract Compliance Programs regulations require certain federal contractors to file this data as well.
The DOL issued a Notice of Proposed Rulemaking proposing, among other things, to increase the salary threshold for white-collar overtime exemptions. You may recall that there was a lot of discussion about this back in 2016 when the DOL proposed a rule raising the threshold from $23,660 to $47,476. Litigation ensued, and a court held
If you are an employer covered by the federal Fifth Circuit (Texas, Louisiana and Mississippi), you are probably familiar with the “ultimate employment decision” standard: In determining whether an employee suffered an adverse action under Title VII, you look to only “ultimate” decisions (e.g., hiring, termination, non-promotion). The landscape has just changed. In
Many workplaces allow their employees to listen to music or radio on site. But what if employees choose to blast “sexually graphic” and “violently misogynistic” songs throughout a warehouse? Does it matter whether the workforce in the warehouse is only men or only women? In Sharp, et al., v. S&S Activewear, Inc., the Ninth
Tracking intermittent FMLA time — it’s every HR professional’s favorite thing to do. Do you come up with a total number of hours per employee or just count portions of the workweek? What do you do if an employee takes intermittent leave during a holiday week? If you have been wrestling with this issue, the