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HR mistakes just got more expensive

As anyone involved in litigation will tell you, violations of labor laws have never been cheap. But they are now more expensive than ever. The U.S. Department of Labor (DOL) recently increased penalties for a variety of violations, which became effective on January 2, 2018.

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Failure to train managers about the FMLA can lead to hefty verdicts against employers

It’s no secret that training managers about the Family and Medical Leave Act (FMLA) can appear to be expensive for employers. But what happens when managers haven’t received enough training on the FMLA?

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Sexual harassment litigation is expensive

As the latest news cycle reminds us, sexual harassment continues to plague American workplaces. In addition to affecting leadership confidence, employee morale, and public opinion, claims of sexual harassment carry with them another negative: Litigating sexual harassment claims is expensive.

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Employers can’t adopt a broad no-recording rule

On June 1, 2017, the U.S. Second Circuit Court of Appeals affirmed a decision of the National Labor Relations Board (NLRB) about an employer rule barring employees from making recordings without prior approval.

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Sexual-orientation discrimination has reached the U.S. Supreme Court

Update on Evans: On December 11, 2017, the U.S. Supreme Court denied a writ of certiorari in this case. Because the denial means that the Supreme Court has affirmed the Eleventh Circuit’s decision, sexual orientation discrimination is not recognized in the Eleventh Circuit (Alabama, Florida, and Georgia).

Earlier this year, I predicted the issue of sexual-orientation discrimination was headed all the way to the United States Supreme Court. On September 7, 2017, the issue did, in fact, reach the Supreme Court when the Lambda Legal Defense and Education Fund filed a petition for a writ of certiorari on behalf of Jameka Evans. Ms. Evans had sued her employer for allegedly firing her for being a lesbian.

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