‘Tis the season for holiday parties – and possible employer liability. But don’t be a Scrooge. The Three Wise men employers should keep some things in mind in planning holiday events for their employees.Continue Reading Employers – Be Merry and Bright … And Thoughtful About Those Holiday Parties!

As most employers (hopefully) know, the Americans with Disabilities Act sets forth strict guidelines for when employers can require employees or applicants to undergo medical examinations or when they can ask questions that might reveal a disability. And the Genetic Information Nondiscrimination Act restricts what employers can ask about the applicant/employee’s family medical conditions. Getting this wrong can cost the employer, as a recent Equal Employment Opportunity Commission (the federal agency that enforces the ADA and other federal anti-discrimination laws) press release made clear. The EEOC gleefully announced that Dollar General agreed to settle an ADA and GINA lawsuit for $1,000,000 (!!!), based in part on illegal post-offer/pre-employment questions that were asked of applicants.Continue Reading An Applicant’s Family Medical History? Apparently, That’s the Million Dollar Question!

Once upon a time, employees in all states but Montana (always bucking the establishment!) were presumed to be employed at-will, absent some sort of employment agreement (e.g. individual contract for a term, a collective bargaining agreement, policies that contemplate termination for cause, etc.). That means that either the employer or the employee may terminate the employment relationship at any time, for any or even no reason (as long as it’s not illegal – like, say, discrimination or retaliation). And so our well-meaning but foolish Employer is terribly excited by that principle because they want to get rid of an Employee. But … as with all good fairy tales, there is a dark side.Continue Reading At-Will Employment Is a Fairy Tale…

Well I think we all recognize that Artificial Intelligence (AI) has created some seismic shifts in the way things can be done, including in the workplace (and I covered many of the risks and concerns of generative AI for employers in our June 2023 E-Update). Governments at all levels are taking action to try to put guardrails on the use of AI. And now, President Biden has signed an Executive Order on “Safe, Secure and Trustworthy Artificial Intelligence,” as summarized in a Fact Sheet. This is a wide-ranging EO, but one of the areas it specifically addresses is the impact on workers. Continue Reading What Impact Will President Biden’s AI Executive Order Have in the Workplace?

Once again we are poised on the brink of another possible federal government shutdown, and employers may be wondering how it may impact them. The last time this happened in 2018, we provided a summary of the shutdown contingency plans for the major employment-related agencies – the Department of Labor (DOL) (which includes the Occupational Safety and Health Administration (OSHA), the Wage-Hour Division (WHD) and the Office of Federal Contract Compliance Programs (OFCCP)), the National Labor Relations Board (NLRB), and the Equal Employment Opportunity Commission (EEOC).  So we thought we’d provide you with an updated summary of these plans, which set forth what will happen if there is an actual shutdown.Continue Reading EEOC, NLRB and DOL Shutdown Contingency Plans – The 2023 Edition

One of the most shocking moments in the recent Women’s World Cup came after the final, when the head of the Spanish soccer federation kissed one of the victorious Spanish players – first on the cheeks (ok – it’s European) but then on her lips (not ok without consent – European or not). In the locker room immediately afterwards, the player said “I didn’t like it.” And this moment highlights just how much further the women soccer players have to go in terms of achieving equity with their male counterparts – on the field and off. It also provides a reminder to employers generally that equity in the workplace encompasses many things. Continue Reading Lessons from the World Cup – Gender Equity Goes Far Beyond Pay

A few years back, during the initial surge of corporate diversity, equity and inclusion initiatives in response to the killing of George Floyd and the #BlackLivesMatter movement, I wrote a blog post that applauded corporations for focusing on the issue – but also cautioned them to avoid inadvertently violating anti-discrimination laws in their eagerness. Well, following the Supreme Court’s recent decision prohibiting the use of race in college admissions, my (somewhat prescient?) warnings have taken on new urgency. Continue Reading Hey CEOs – Be Careful with Those Diversity Initiatives!

In a move that surprised absolutely no one, the National Labor Relations Board has reversed course on yet another issue – the standard for determining whether an individual is an employee, who is subject to the National Labor Relations Act, or an independent contractor, who is not. The Board’s decision will once again make it harder to establish independent contractor status.Continue Reading U-Turn! NLRB’s “Modified” Independent Contractor Standard Favors Findings of Employee Status