HDR thirdshift
Jan
31

Drug testing and the ADA

Drug testing is a tool commonly used by employers to ensure employees are not illegally using controlled substances at the workplace. But that tool does not come without legal risk. A recent decision by the U.S. Eleventh Circuit Court of Appeals brings to light an interesting intersection between drug testing and the Americans with Disabilities Act (ADA). The case—and its implications—are discussed in detail below.

Continue reading
  3495 Hits
Jan
08

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.

Continue reading
  3156 Hits
Oct
12

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.

Continue reading
  3296 Hits
Oct
05

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.

Continue reading
  3960 Hits
Sep
22

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

Update on Bostock and Zarda: On June 15, 2020, the U.S. Supreme Court issued a decision involving the Bostick, Zarda, and Harris Funeral Homes cases. The court held that an employer who fires a person merely for being gay or transgender violates Title VII. The Harris Funeral Homes is discussed in another blog post.

Continue reading
  3101 Hits