Jury Awards $450,000 for Employer’s Termination of Employee After Receiving Notice About Anxiety Disorder

On March 31, 2022, a Kentucky jury unanimously awarded $450,000 to an employee, who was terminated following two panic attacks the employee suffered at work. The jury concluded the employee’s anxiety disorder was a disability and that the employee suffered an adverse action because of his disability. Brief Background In Berling v. Gravity Diagnostics, LLC,…

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Holding On, Loosely: Incentives for Employee Retention

Let’s talk about problems with retention bonuses and overtime—as if finding qualified workers wasn’t tough enough. According to the most recent report from the Bureau of Labor Statistics, nonfarm employment rose by 428,000 in April 2022. However, some sectors are still struggling and “now hiring” or “help wanted” signs are everywhere. As a result, many…

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USCIS Announces Extension for Expiring Work Permits

Tens of thousands of foreign workers with expiring employment authorization documents (EADs) will be granted an extension of 540 days from the initial expiration date on those documents. U.S. Citizenship and Immigration Services (USCIS) announced it will temporarily increase the automatic extension period of expiring work permits for many EAD renewal applicants. Currently, certain individuals…

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DOL Overtime Claims Are on the Rise

The U.S. Department of Labor (DOL) is recovering an increasing amount of damages in overtime claims as it goes after employers that are misclassifying workers or miscalculating overtime. The Biden administration has signaled a shift in focus away from compliance and toward enforcement. One of the earliest indications of that shift was the termination of…

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Strong Pay, Onboarding Strategies Crucial as Workers Maintain ‘Upper Hand,’ Recruiting Firm Says

Employee confidence is high, making it crucial that employers prioritize pay and a robust onboarding experience, a March reportfrom recruiting firm Employ Inc. concluded. Thirty-five percent of job seekers responding to a survey said it’s easier to find a job this year than last year. And one-third said they’d be comfortable quitting their job without…

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OSHA Proposes Expanding Electronic Recordkeeping Rule to Add Smaller Employers

The Occupational Safety and Health Administration (OSHA) has published a proposed rule to restore and expand Obama-era requirements for high-hazard employers with at least 100 employees to submit their injury and illness forms electronically to the agency. In 2016, OSHA promulgated an electronic recordkeeping rule, Improve Tracking of Workplace Injuries and Illnesses Rule, which required…

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Intersection of ADA, COVID-19 Requires Creative Reopening Policies, EEOC Official Says

The EEOC has received hundreds of charges involving both COVID-19 vaccination and the ADA, according to Evangeline Hawthorne, the agency’s Tampa field office director. The U.S. Equal Employment Opportunity Commission has received thousands of charges related to COVID-19 since the pandemic began. As of December 2021, more than 2,700 charges were related to COVID-19 vaccines,…

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