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Archive for October 2018

Harassment Claim Advances Despite Failure to Report Misconduct

An employee’s sexual harassment claim against her former employer could proceed to trial, even though she did not report the alleged conduct to management during her tenure, the 3rd U.S. Circuit Court of Appeals decided. Other employees did report incidents of harassment by the alleged harasser, however. The plaintiff began her employment with Susquehanna County,…

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New FMLA Forms Available from Department of Labor

Executive Summary: The U.S. Department of Labor (DOL) released new Family and Medical Leave Act (FMLA) notices and certification forms on September 4, 2018. The new forms are valid until August 31, 2021, and are available for download from the DOL Website. Notably, the DOL did not make any material changes to the prior forms;…

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Once Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider to Proceed—and Takeaways For Employers

Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals, with appellate jurisdiction over the district courts in the following districts: Middle District of Alabama. Northern District of Alabama. … Southern District of Georgia, held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment. Additionally, the…

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Do Counteroffers Make Sense?

Countering a competitor’s offer won’t keep an employee for long if other issues aren’t resolved When an employee decides to take another job, should an employer make a counteroffer, usually in the form of a pay increase, in the hope of retaining that employee? For many companies, the answer is yes. A 2018 survey of…

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The Deceptive Complexity of Criminal Background Checks

In order to conduct a compliant criminal background check, employers ordinarily must comply not only with the federal Fair Credit Reporting (FCRA) Act, but also state and local laws. This includes not only ban the box laws, but also laws that impose additional restrictions and requirements beyond when a criminal background check can occur. Not…

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