Mishandled workplace investigations can paralyze HR departments and leave companies on precariously thin legal ice. Without adherence to clear guidelines and best practices, probes meant to provide answers can instead raise more questions, undermine employment relationships and open organizations to ...
Read More »EEOC guidance clarifies EEO-1 reporting on remote workers, establishments, more
The EEOC has published additional guidance to clarify requirements related to the 2022 EEO-1 Component 1 data collection. With EEO-1 form submissions due by Dec. 5, employers should review their reporting processes to ensure data is complete, accurate and aligned ...
Read More »No duty of care over inaccurate drug test results
The Texas Supreme Court has ruled that third-party entities hired by employers to administer drug tests do not owe a common-law negligence duty to their clients’ employees. This decision follows a previous ruling that employers who conduct drug tests in-house ...
Read More »Biden order spotlights AI labor concerns
The recently released “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” contains provisions focused specifically on addressing rising concerns over AI’s impacts on the future of work. While stopping short of immediate policy actions, ...
Read More »Failure-to-rehire suit continues for employee who never reapplied
A federal judge has ruled that a former office manager can move forward with his lawsuit alleging that the university he worked at unlawfully refused to rehire him in retaliation for his complaints of wage violations and age discrimination. The ...
Read More »Federal appeals court reverses $8M Wage Act judgment for police
A $8.3 million judgment awarded to police officers for unpaid detail wages has been overturned on appeal, with a federal appeals court finding no violation of the Massachusetts Wage Act occurred. The ruling demonstrates how ambiguous contract language can backfire ...
Read More »Businesses, legislators challenge NLRB’s joint employer rule
A controversial new regulation expanding the concept of “joint employment” under federal labor law is set to take effect in February, potentially making it easier for Americans to unionize. However, the measure has sparked backlash from the business community and ...
Read More »EMTs win nearly $18 million in wage-and-hour lawsuit
A recent appeals court ruling reinforced that under federal wage law, employees must be paid for all work required of them, even if occurring outside normal shifts. The decision upheld a $17.78 million judgment against New York City for unpaid ...
Read More »Failure-to-rehire suit avoids dismissal
A Massachusetts Institute of Technology office manager who alleged that he was told he was being terminated because his position was being eliminated could proceed with retaliation claims based on a failure to rehire — even though he never applied ...
Read More »NLRB expands joint employer standard
The National Labor Relations Board (NLRB) has issued a final rule that expands the standard for when two businesses are considered joint employers under the National Labor Relations Act (NLRA). The rule replaces a standard last updated in 2020 and ...
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