Archives of Employment Law

EEOC RELEASES UPDATED “KNOW YOUR RIGHTS” POSTER

On October 20, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new “Know Your Rights: Workplace Discrimination is Illegal” poster, replacing their “EEO is the Law” poster. The new poster includes several changes, including straightforward language and formatting, emphasizing harassment as a form of discrimination, clarifying the definition of sex discrimination, and providing equal […]

HUMAN RESOURCE CONSULTING FROM GARDNER SKELTON

Speaking of our employment team, Gardner Skelton is excited to announce a new service that we believe will be extraordinarily helpful to our employer clients, while also much more moderately priced than attorney advice. Please meet our new team member, Alissa Graney. Alissa has joined our team as an HR Consultant focused on helping our […]

THE PITFALLS OF IGNORING A SEXUAL HARASSMENT COMPLAINT

Step lively when an employee complains of sexual harassment, especially when your own policies require it. Less than urgent action could strip an employer of the very important “Faragher-Ellerth” defense, an essential component of which is that the employer exercised reasonable care to prevent and promptly correct harassing behavior. In a case out of a […]

EMPLOYING THE CLASS OF 2022: TIPS FOR HIRING “ZOOMERS”

Known as the “Zoomers,” “Gen Z,” and the “Class of COVID-19,” the members of the Class of 2022 have turned their tassels and are finally entering the workforce. According to the National Association of Colleges and Employers (NACE), employers plan to hire nearly 32% more college graduates in 2022 than in 2021. Additionally, the Bureau […]

EMPLOYERS WITH ARBITRATION AGREEMENTS – TAKE HEED!

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). The Act amends the Federal Arbitration Act (FAA) and prohibits employers from enforcing pre-dispute arbitration agreements, and class or claim waivers, in connection with claims of sexual assault or sexual harassment. […]

The Vaccine Mandate is Here: Compliance will be required for most employers with 100+ employees by January 4, 2022

OSHA published a new Emergency Temporary Standard (ETS) requiring most employers with 100+ employees to mandate COVID-19 vaccinations or require weekly COVID testing.  Employers must implement policy by no later than December 5, 2021, and fully comply by January 4, 2022.  OSHA has published some helpful guidance for employers, including this FAQ and a 30-minute webinar. […]

DOL Issues New Guidance on Independent Contractor Status

On January 6, 2021, the US Department of Labor (DOL) issued long sought-after clarity on the legal distinction between independent contractors and employees under the Fair Labor Standards Act (FLSA). The rule is scheduled to take effect on March 8, 2021.  The rule reaffirms the “economic reality” test to determine whether an individual is in business for him or […]

EEOC to Re-Open EEO Data Collections in 2021

After delaying the opening of the 2019 EEO-1 Component 1 Data Collection on May 8, 2020 in light of COVID-19, the Equal Employment Opportunity Commission (EEOC) recently announced the 2019 and 2020 EEO-1 Component 1 Data Collection (EEO-1 Report) is on schedule to open in 2021.  The EEO-1 Report is a compliance survey mandated by federal […]

FFCRA Leave Expired, But Can Employees Still Get It?

On December 31, 2020, paid sick leave and expanded family and medical leave requirements under the Families First Coronavirus Response Act (FFCRA) expired. The Department of Labor (DOL) provided new guidance in the form of Frequently Asked Questions, addressing whether workers who did not use their leave entitlement under the FFCRA in 2020 are eligible to […]

Many Employers Opt to Encourage, Not Require, COVID Vaccine

In December, the Equal Employment Opportunity Commission (EEOC) issued guidance clarifying that employers can require their employees to get the COVID-19 vaccination as a condition of working onsite, provided that, if an employee opts not to receive the vaccine, the employer must engage in an individualized analysis of whether an exception is necessary to provide […]
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