Articles Posted in Human Resources Policies


About three years ago, seven plant managers lost their jobs following an investigation into allegations of betting on how many workers there would get sick from the coronavirus. Shortly before losing their jobs, a handful did not receive a bonus they felt the company improperly withheld. So they sued.

What happens when five of the most unsympathetic plaintiffs in recent memory claim state wage payment law violations? Continue reading


Yes, soon after I start recycling old blog posts next month about the liability risks that employees and their poor costume choices present for employers, all private-sector employers with 100 or more employees and federal contractors with 50 or more employees meeting specific criteria can start submitting demographic workforce data, including data by job category and sex and race or ethnicity, to the EEOC. Continue reading


Tomorrow, I’ll be presenting “Weeding through the Haze: State and Federal Marijuana Laws and Implications” at the U.S. Equal Employment Opportunity Commission’s 2023 EXCEL Training Conference in Washington, DC.

Between now and then, I’ll need to update my slide deck. Continue reading


On Wednesday, U.S. Senator Kirsten Gillibrand (D-NY), Senate Judiciary Committee Ranking Member Lindsey Graham (R-SC), Senate Judiciary Committee Chair Dick Durbin (D-IL), and Representative Nancy Mace (R-SC) announced the introduction of the bipartisan Protecting Older Americans Act. The legislation would invalidate forced arbitration clauses that require employees to arbitrate claims of age discrimination, whether for disparate treatment, disparate impact, harassment, and retaliation. Continue reading


The Americans with Disabilities Act does not protect employee use of illegal drugs. It does not prevent employers from testing applicants or employees for current illegal drug use or making employment decisions based on verifiable results. However, the ADA would protect an employee with a disability who fails a drug test if the employer bases its termination decision on the underlying disability rather than the test result.

But here’s the thing. Continue reading


For over a decade, federal law has required most employers to provide a nursing mother with reasonable break time to express breast milk after the birth of her child for up to one year after childbirth. Last December, the PUMP for Nursing Mothers Act became law. The PUMP Act provides additional workplace protections for employees who need to express breast milk, creating protections for an estimated nine million more employees.

Last week, the Wage and Hour Division published, Enforcement of Protections for Employees to Pump Breast Milk at Work, to help Department of Labor field staff enforce the law. This blog post is your movie trailer version of this latest publication.

Continue reading


Last year, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. The name of the new law speaks for itself. Victims of sexual harassment or sexual assault at work that previously signed arbitration agreements can arbitrate their claims but don’t have to.

Yesterday, multiple news outlets, including Roll Call’s Ryan Tarinelli, reported that both the House and Senate will introduce a bill soon to end the forced arbitration of race discrimination claims in the workplace. Continue reading

“Doing What’s Right – Not Just What’s Legal”
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