April 21, 2025
DEI in the crosshairs: Review hiring incentives to ensure they’re not based on quotas

If you pay managers or executives more for achieving diversity, equity and inclusion goals, you might attract the attention of EEOC lawyers intent on curtailing DEI initiatives—and you could find yourself the target of a lawsuit.

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April 18, 2025
Avoid these 4 layoff lawsuit triggers

In addition to being gut-wrenching for HR, layoffs are a legal landmine. Here are four layoff errors to avoid.

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April 18, 2025
HR amid economic uncertainty: Is now the time to ban moonlighting?

According to a recent survey from the Bureau of Labor Statistics, a record number of people are working more than one job. Here are some options if you want your employees to devote more productive hours to your enterprise.

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April 17, 2025
Record-keeping may include social media

Communication that used to take place over landlines or at a press conference now takes place over a long list of social media services. What happens in the case of a lawsuit?

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April 17, 2025
Court: Simply offering DEI program doesn’t establish hostile environment

The mere existence of a DEI program doesn’t establish a hostile environment if an employee wasn’t singled out or personally affected.

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April 16, 2025
Use these 3 factors to review ‘stay-or-pay’ agreements

It is widely assumed that the NLRB will not bring any cases alleging that a stay-or-pay provision is automatically invalid under the NLRA during this administration. Several other federal agencies have also expressed the view that these agreements are too restrictive, in that they bind employees to jobs they don’t want by threatening large financial penalties for those who quit.

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April 16, 2025
What the ICE/IRS data-sharing agreement means for your organization

The IRS and ICE have signed a Memorandum of Understanding under which the IRS will provide information to ICE. Senators have asked the Treasury Inspector General for Tax Administration to look into ICE’s access to taxpayers’ data and how it plans to use it.

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April 15, 2025
Provide FMLA forms if you suspect serious condition

When an employee requests FMLA leave or even just asks about leave for a serious health condition, make sure you provide the proper FMLA forms. Never brush off such a request or tell him he doesn’t need to “apply” for FMLA leave. A casual approach can backfire badly.

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April 15, 2025
Unpaid suspension for violating attendance rules?

We suspended an employee without pay for violating our attendance policy. Is that OK?

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April 14, 2025
Follow these rules when documenting HR decision-making

We’ve said it many times, but it bears repeating: The best way to prevent lawsuits is to carefully document every employment decision. HR professionals and supervisors should be able to show exactly when a decision was made, who made it and what the basis for the decision was.

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