News

Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

EEOC resumes processing some gender-identity cases

According to an internal email from the EEOC’s director of field operations, Thomas Colclough, cases will again be processed, with limitations.

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Is this pregnancy absence FMLA, PWFA or both?

We are an employer covered by the FMLA. We have an employee who is pregnant and understand we need to accommodate her pregnancy-related conditions that lead to tardiness or absences. Do we track these separately? Or do we track this as FMLA leave, too?

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Funding gaps put compliance confidence at risk

Confidence in employment law compliance is high—but for many organizations, that confidence isn’t backed by budget.

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Trump nominates two NLRB members, reaching board quorum

Without at least three members, the board has been unable to take action, including reversing policies that were in place during the Biden administration. Doing so is a priority for the Trump administration.

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Yes, you can fire workers who take FMLA leave

Certainly, terminating a worker after he was just approved for FMLA leave might seem suspicious and prompt a lawsuit. But if you can show a judge the employee’s poor disciplinary or performance history, courts will likely toss out the case.

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Territory bias was a million-dollar mistake

If you assign sales territories based even in part on territory demographics that mirror your employee’s protected characteristics, you may end up losing a discrimination lawsuit.

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The case against perfect-attendance awards

With absenteeism a major drain on productivity, more employers are using a trick from the third grade—perfect-attendance awards—to motivate employees to come to work. Here’s why such awards probably aren’t the best carrots.

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Document poor performance as it happens

It’s essential for supervisors to document poor performance at the time it happens. Don’t wait until you’re ready to terminate a worker to start building a paper trail. You won’t get away with it in court. The path needs to be laid early, step by step.

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The overtime exclusion in the OBBBA couldn’t be more confusing

You may need to spend some quality overtime hours trying to figure out exactly what the overtime exclusion in the One Big Beautiful Bill Act means and Payroll’s role in it. Because the more we read, the more questions we have.

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Must we grant FMLA leave for elective cosmetic surgery?

We have an employee requesting FMLA leave for elective cosmetic surgery. She has the appropriate physician certification paperwork because there will be a surgery and recovery period. Is elective cosmetic surgery covered under a serious medical condition? Do we have to grant FMLA leave, or should the employee take vacation time for this?

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