Category Archives: HR Law

Can You Fire Someone for Needing Time Off for an Illness? Is There Any Recourse for the Employee?

Charlene, an employee of the library, noticed Bob in the hall and asked, “Did something happen to Pat? I’ve sent her a couple of messages, but I haven’t received any responses.“ Bob who was Pat’s supervisor stated, “I had to let her go. She had been out on sick leave for a while, but she wanted more time off. I needed to get work done. I couldn’t just keep giving her time off. Besides, she understood that we only give Read the rest

Reminder to Employers Regarding Mandatory Workplace Posters

As we move into a new year, employers are reminded to ensure they comply with the various mandatory workplace notice and posting requirements under applicable state and federal laws.

Some of the statutes and regulations enforced by the U.S. Department of Labor (DOL) require that notices be provided to employees and/or posted in the workplace. Posters must be physically posted conspicuously at each of the employer’s facilities and/or work sites in places that are convenient and easily accessible to Read the rest

Fired Librarians Turn to EEOC

There has been an unprecedented surge in local and statewide book challenges recently. Library workers across the nation face professional and personal attacks along with threats and loss of employment in some cases. According to this report, three librarians who were fired because they opposed the removal of banned books and/or for standing up for programs on anti-racism and LGBTQ+ in their libraries, have filed workplace discrimination claims with the U.S. Equal Employment Opportunity Commission (EEOC). See the resources Read the rest

EEOC Proposes Updated Workplace Harassment Guidance

The U.S. Equal Employment Opportunity Commission (EEOC) proposed enforcement guidance on workplace harassment after more than a half-decade of public debate and commentary. The document is intended to provide clarity to the public regarding existing requirements under the law or EEOC policies. The document provides numerous examples reflecting a wide range of scenarios and notable changes in the law, including the emerging issues of virtual or online harassment, harassment based upon perception, and workplace harassment based on reproductive decisions. The Read the rest

Employment Law Rulings and Guidance with Implications for Employers

The U.S. Supreme Court (the Court) and the National Labor Relations Board (NLRB) were busy last month. The Court addressed two critical issues —religious accommodations and affirmative action— while the General Counsel to the NLRB issued new guidance on protections for employees. Each may have long-term implications for employers. Here are brief summaries.

Religious Accommodations

According to this report, on June 29, 2023, the Supreme Court issued a decision in Groff v. DeJoy, a case where a former U.S. Read the rest

EEOC Says End of Public Health Emergency Does Not Mean the End of COVID Accommodations

In a press release issued last month (May 2023) the U.S. Equal Employment Opportunity Commission (EEOC) issued a number of updates to its COVID-19 technical assistance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” including adding a new question and answer about the end of the federal declaration of the COVID-19 public health emergency. 

EEOC cautioned: The end of the COVID-19 public health emergency does not mean employers can Read the rest

Legislative Protections for Pregnant and Breastfeeding Workers Take Effect Soon

In the January (2023) issue of Library Worklife we mentioned that President Biden had signed the Fiscal Year 2023 Omnibus Spending Bill into law on December 29, 2022. The bill included two acts that help working mothers who are pregnant or breastfeeding. The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (known as the PUMP Act) were both part of the bill.

In the brief details given related to the Pregnant Workers Fairness Read the rest

Department of Labor Increased Fines for Posting Penalties

Employers that fail to comply with labor law posting requirements face higher fines. Each year the Department of Labor (DOL) increases fines for posting penalties to keep up with inflation.

The DOL published the higher penalties in the Federal Register this past January. The higher fines apply to penalties assessed after January 15, 2023. The new maximum penalties for posting violations are as follows:

  • Employee Polygraph Protection Act (EPPA) – $24,793
  • Job Safety and Health It’s the Law: Occupational Safety
Read the rest

Don’t Ask an Older Employee ‘When Are You Going to Retire?’ It Could Land You in Court

Last month, the U.S. Equal Employment Opportunity Commission (EEOC) sued two manufacturing companies for age discrimination — announcing both lawsuits on the same day (March 31, 2023)

In the first case (Case No.1:23-cv-00817), the EEOC filed suit in the U.S. District Court for the District of Colorado against Exact Sciences Laboratories. According to the lawsuit, Exact Sciences Laboratories, LLC, manufacturer of the Cologuard colon cancer screening test, violated federal law by discriminating against a job applicant based on his Read the rest

States Push Pay Reporting Requirements in Effort to Ensure Pay Equity

Do you ever wonder if your salary is the same as a coworker doing the same or similar job? How would you find out? Would you come right out and ask the coworker how much they make? Probably not. Most people wouldn’t feel comfortable talking about how much they make with their coworkers. Discussing salary at work can be problematic. Conversations can evoke feelings of jealousy, unfairness, and inequity among co-workers. There is a long-standing history of not openly Read the rest