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Company ordered to re-hire an employee after his “racist, offensive, and reprehensible” speech.

An employee was caught on video saying to black employees, “Hey, did you bring enough KFC for everyone?” and “Hey, anybody smell that? I smell fried chicken and watermelon.” The company had a strict anti-harassment policy. So, after learning about the comments, the company fired the employee. So, what would…

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Your employee has a fragrance allergy. What does the ADA require you to do?

This can be a really difficult situation. Just ask a local Pennsylvania employer. In Brady v. United Refrigeration, Inc. (opinion here), the plaintiff suffered from heightened sensitivity to perfumes, fragrant chemicals, and lotions. After she told her employer, the company attempted a number of accommodations: Purchased a portable air cleaner for use…

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Coming this Summer, FLSA independent-contractor guidance from the DOL

In March 2014, President Obama announced (here) that he would seek to revamp the Fair Labor Standards Act as it applies to overtime, “particularly for executive, administrative, and professional employees (often referred to as ‘white collar’ exemptions).” You can also read my post about the President’s announcement here. And yet, here…

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D’s and R’s (some of ’em, at least) agree: It’s time for a federal pregnancy-accommodation law

Yesterday, on the heels of the Supreme Court’s decision in Young v. UPS, Senator Bob Casey (D-PA), brought the Pregnant Workers Fairness Act back to the Senate. The Act, which is modeled after the Americans with Disabilities Act, makes it an unlawful employment practice for employers to: fail to make reasonable accommodations…

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New Senate bill would abolish non-competes for low-wage workers

Jimmy John’s aside, is that really a thing? The use of non-compete agreements for employees making less than $15 an hour? The Mobility and Opportunity for Vulnerable Employees (MOVE) Act Well, according to a press release from Senator Chris Murphy (D-CT), “research” shows that somewhere between 8-15% of low-wage workers have…

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From Caitlyn Jenner to new OSHA guidance on restroom access for transgender workers

Caitlyn Jenner got the cover of Vanity Fair and a million new Twitter followers shortly after confirming that she was no longer Bruce Jenner. So, by riding that wave with a timely blog post, I should at least get page 5 — above the fold — in the latest edition of “Employment-Law Blog…

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As the Supreme Court toughens religious-accommodation rules, 5 ways employers can avoid trouble.

Yesterday, the United States Supreme Court, in an 8-1 decision, ruled that an employer that does not know that a job applicant may need a religious accommodation can discriminate against that job applicant. All that matters are the employer’s motivations. Allow me to explain. It’s not what you know; it’s what motivates…

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This employer had a “no pregnancy in the workplace” policy. No, really. It did.

Holy crap. Literally. A Texas church is now about $75,000 lighter in the wallet after a federal judge determined that having and enforcing a “no pregnancy in the workplace policy,” which prohibited the continued employment of any employee who became pregnant, violates Title VII of the Civil Rights Act of 1964. That’s…

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The Department of Labor issued new FMLA forms #NudgeTheInternet

[music] Here they are: WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF) WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF) WH-381 Notice of Eligibility and Rights & Responsibilities (PDF) WH-382 Designation Notice (PDF) WH-384 Certification of Qualifying Exigency For Military Family…