Archive for June 2022
EEOC Issues New Guidance on Disability Bias and Algorithmic Employment Assessments
The Equal Employment Opportunity Commission (EEOC) recently released guidance to help private sector employers avoid disability discrimination when using algorithms to assess employees and applicants. The guidance explains the ways in which software that relies on algorithmic decision-making can run afoul of Americans with Disabilities Act (ADA) requirements. The guidance also includes “promising practices” to…
Read MoreCourt Cases Show Mistakes to Avoid in ADA Compliance
Staying compliant with the Americans with Disabilities Act (ADA) presents various challenges for employers, and these challenges have only increased in the last two years during the COVID-19 pandemic. There’s a lot of complexity in determining what’s a covered condition and what’s an essential job function. Two of the biggest problems are employees who want…
Read MoreWorkers Compensation Claim? Light Duty? Remember The FMLA!
A recent decision out of the Eleventh Circuit is a good reminder for employers on how the Family Medical Leave Act (FMLA) and state law workers compensation schemes overlap and interact. The Family Medical Leave Act (FMLA) is a federal statute that entitles eligible workers who need to recover from a serious injury to take…
Read MoreFLSA Permits Unpaid Internships Even If Employers Benefit, 11th Cir. Confirms
A forensic photography intern working with Miami-Dade County was not an employee entitled to pay, the 11th U.S. Circuit Court of Appeals held (McKay v. Miami-Dade County, No. 20-14044 (11th Cir., June 9, 2022)). While the employer received some benefit from her work, she was the primary beneficiary of the internship, the court said. The…
Read MoreEmployers: Take Steps Now to Prevent Workplace Violence and Protect Employees
There have been over 240 mass shootings nationwide in 2022 so far – more shootings than days of the year. Many of these shootings involve workplace violence. For instance, three victims were killed in a Maryland manufacturing facility last week., and two teachers were among the victims in the recent school shooting in Texas. These…
Read MoreSands Shift for Background Screening for Manufacturers
Manufacturers have other reasons to want to know about their workers. Manufacturing employees often operate equipment or control processes that require vigilant attention and where, for example, drug impairment might have severe consequences. In addition, other manufacturing employees have access to large quantities of valuable supplies, making potential theft a costly risk. Background checks are…
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