FMLA Faux Pas Continue to Plague Employers

Riddle me this. Does an employer who discourages but does not deny an employee’s request for FMLA leave interfere with the employee’s rights in violation of the FMLA?

The 2nd U.S. Circuit Court of Appeals recently answered this question.

The CFPB Warns Employers Using AI to Comply with the FCRA

On October 24th, The Consumer Financial Protection Bureau warned companies using third-party consumer reports — including background dossiers and surveillance-based, “black box” AI or algorithmic scores about their workers — to follow Fair Credit Reporting Act (FCRA) rules. This means employers must obtain worker consent, provide transparency about data used in adverse decisions, and allow workers to dispute inaccurate information.

FTC Appeals Decision to Block Noncompete Rule

Since the FTC's ban on noncompete agreements was enjoined on August 20th, there has been speculation about the next steps, if any. Would the FTC file an appeal? Would it just issue a new rule? On October 21st, we got the answer.

Is Mandatory Paid Vacation Leave on the Horizon?

At least three states and a few local jurisdictions have a law requiring certain private sector employers to provide employees with paid vacation or paid time off (PTO). This idea is not new. Fifteen years ago, Congress considered the “Paid Vacation Act of 2009” The idea however does seem to have some renewed national attention.

The Colors of Race: EEOC Reminds Us of Title VII Protections

Of all charges filed with the EEOC in its last fiscal year, those based on color comprised only 7.2% while race-based charges accounted for 33.9%. One employer recently paid $250,000 to settle a lawsuit filed by the EEOC that alleged both bases of discrimination.