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Category: Research


Research

Appellate Court Rules for Employer on Interactive Process Issue

September 26, 2022

Via: HR Hero

In a recent decision, the Appellate Division, Second Department ruled an employer’s alleged failure to engage in the “interactive process” wasn’t an independent element of a disability discrimination claim under the New York State Human Rights Law (NYSHRL). Read on […]


Research

Quiet Quitting and Its Impact on Workplaces

September 23, 2022

Via: HR Hero

The phrase ‘quiet quitting’ became popular after a TikTok video describing it went viral. However, workforce studies on the changing world of work support the rise of quiet quitting and suggest it’s more than a social media hashtag. Quiet Quitting […]


Research

Can Hypotheticals Render Restrictive Covenants Unenforceable?

September 22, 2022

Via: HR Hero

On July 14, 2022, the Wisconsin Court of Appeals ruled in favor of a former employee in a dispute over whether two uniquely worded restrictive covenants against him violated Wisconsin law. The case presents new considerations regarding what employers can […]


Research

Black Women Must Work 263 Extra Days to Achieve White Men’s Pay

September 20, 2022

Via: SHRM

When Sharawn Tipton began her career, she beamed with optimism. She had just graduated from California State University, East Bay in Hayward, Calif. As a young Black woman in corporate America, Tipton was determined to prove herself. She consistently performed […]


Research

Discipline Notes Critical in FMLA Claims

September 19, 2022

Via: HR Hero

One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they don’t understand how there could […]


Research

Restaurant and Service Dog: ADA Cautionary Tale for Employers

September 16, 2022

Via: HR Hero

A restaurant in Burlington, Vermont, recently made headlines after refusing to seat a customer with a service dog. The restaurant owner cited an incident in which a previous patron’s dog attacked a neighboring table. In addition, she refused to seat […]


Research

3rd Cir. holds potential participants in class-action suits are protected from retaliation under FLSA

September 16, 2022

Via: HR Dive

The 3rd U.S. Circuit Court of Appeals has reversed a district court’s ruling against an employee who was not hired for a job because the employer, natural gas company GDS, suspected he might plan to participate in a class-action Fair […]


Research

New DOL Guidance Address Mental Health Leave Under FMLA

September 14, 2022

Via: HR Hero

The past few years have heightened feelings of stress and isolation for many people, and with the seemingly continuous news cycle of incidents of mass violence, mental health has taken a much-needed place in the forefront of the national conversation. […]


Research

Determining Independent Contractors: Sometimes the Government Loses

September 8, 2022

Via: HR Hero

There’s been an ongoing battle between employers and the U.S. Department of Labor (DOL) over when someone is considered an independent contractor versus an employee. A recent decision from the U.S. 8th Circuit Court of Appeals to reverse summary judgment […]


Research

Where’s the Harm? Court Splits on Title VII Liability for Lateral Transfers

September 7, 2022

Via: HR Hero

Recently, the influential U.S. Circuit Court of Appeals for the District of Columbia. Circuit ruled that denial of a lateral transfer request based on protected status is actionable under Title VII of the Civil Rights Act of 1964 without proving […]


Research

NLRB’s Joint Employment Plan Seen Having ‘Profound Impact’ On Employers

September 7, 2022

Via: HR Hero

A plan from the National Labor Relations Board (NLRB) to make more employers susceptible to joint employer status is expected to make a major change to the landscape for employers that use staffing companies or operate under the franchise business […]


Research

Confidentiality Is Key When Employees Are on FMLA or ADA Leave

September 6, 2022

Via: SHRM

Whether an employee is on continuous or intermittent leave, the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) restrict sharing information about the employee in virtually the same way and emphasize keeping medical information confidential. HR […]


Research

SEC Requires Public Companies to Disclose Pay-Versus-Performance Measures

September 2, 2022

Via: SHRM

The U.S. Securities and Exchange Commission (SEC) has issued a long-awaited final rule that significantly expands executive pay disclosures by publicly traded U.S. companies. The new disclosures, which will provide detailed information about the performance metrics companies use to determine […]


Research

Employer-Provided Abortion, Travel Benefits: An Overview of Legal Considerations

August 31, 2022

Via: HR Hero

In the wake of the United States Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, many companies have announced plans to assist employees in accessing abortion services, including providing travel assistance to employees located in states where abortion […]


Research

Ask the Expert: Is There Any Flexibility in FMLA Eligibility?

August 31, 2022

Via: HR Hero

In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding political discussions (and disagreements) in the workplace. Q: I have […]


Research

Employee Who Settled Individual Claims Can Bring PAGA Enforcement Action

August 30, 2022

Via: SHRM

An employee who settled individual claims against her employer for alleged labor code violations was not subsequently barred from bringing a Private Attorneys General Act (PAGA) enforcement action against the employer for the same labor code violations, even though—prior to […]


Research

Court Restores Accommodation Claim for Employee with Pending Leave Request

August 30, 2022

Via: HR Hero

Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from […]


Research

Recession blues: 41% of workers say the U.S. is already in it

August 25, 2022

Via: HR Dive

While the U.S. government has yet to formally label the U.S. economic downturn, 41% of respondents to a recent survey said they feel the country is already in a recession. A Conference Board report, published on Aug. 18, analyzed the […]


Research

DHS: No Permanent Virtual I-9 Option Yet

August 24, 2022

Via: SHRM

HR professionals erupted in jubilation on social media last week upon hearing that the Department of Homeland Security (DHS) was taking long-awaited next steps in allowing a permanent remote I-9 document inspection option. But as SHRM Online reported on the […]


Research

California Increases Enforcement of Indoor Heat Safety Regs

August 24, 2022

Via: SHRM

California’s outdoor heat illness prevention standard is well known by employers with employees who commonly work outside. While there is no official indoor heat illness standard, employers still need to consider heat hazards when evaluating workplace safety, especially in light […]