Compliance Stuff

Most employment lawsuits don’t start with dramatic misconduct or bad actors. They start with small, avoidable decisions that no one thought would matter—until they did. In my experience representing employers, the practices that cause the most damage are rarely exotic or cutting‑edge. They’re the routine, “we’ll get to it later” items: missing documentation, inconsistent discipline, outdated policies, or decisions made out of frustration instead of process. Employment law rewards preparation and punishes procrastination. The difference between a defensible workplace decision and an expensive lawsuit is often just a few steps that were skipped when things felt busy or manageable. What follows are ten mistakes management‑side employment attorneys see over and over again—and that are far easier to prevent than to defend. Mistake #1: Treating documentation like a chore instead of a shield. In the world of employment law, if you didn’t write it down, it didn’t happen . I’ve seen too many c...

No matter the industry – construction, manufacturing, healthcare, or beyond – the well-being of your workers is non-negotiable. And behind every solid safety program is a professional making sure the gears are turning: overseeing policies, conducting training, enforcing regulations, and generally staying on top of things. But there’s one often-overlooked part of the job that can make or break a safety program – documentation. This Insight will unpack why documentation matters, what can go wrong if you don’t do it right, and provide you with five best practices to build smart, reliable recordkeeping habits. Why Documentation is Essential Proving Compliance:  Officials at the Occupational Safety and Health Administration (OSHA) and at state agencies don’t just want to hear that your safety program exists – they want to see it. Documentation is the evidence. You need to be able to show what hazards were identified, which trainings took place, how equipment was inspected, and what ac...

At least one court says yes. True confession: When I was a little future lawyer, I was sometimes a pain. ( So, Robin, you’re saying your personality hasn't changed in all these years? ) When I was being especially “high maintenance,” my dad would tell me, “Robin, you’re more trouble than you’re worth.” NOTHING LIKE A JELLY BEAN TO BRING ME AROUND. Have you ever had an employee who was more trouble than they’re worth? I bet you have. I’m talking about an employee who is exhausting. She (or he) complains about everything, and usually in single-spaced run-on emails with multiple paragraphs. (Or, worse, no paragraphs at all – just a page-long, single-spaced, barely-coherent screed.) You try to do something nice for them, and they complain that you didn’t do something else. You do the something else, and they complain about that. They appreciate nothing. And take 1,000 words to tell you so. At some point, you may decide that they're more trouble than they're worth and want to pa...

Real World Impact:  A recent increase in complaints under the Illinois One Day Rest in Seven Act (ODRISA) highlights the necessity for Illinois employers to be familiar with the requirements of this law.     Introduction:   The ODRISA has been in existence since the 1970s. Buried within the ODRISA is also a meal break law. In recent years, the Illinois Department of Labor (IDOL) has seemingly processed more and more cases under this law, and we have found that many employers are still either unaware of the law, or unaware of its full scope . The potential for fines and penalties could be high enough to put some companies out of business. Nothing about ODRISA is particularly tricky, and employers should theoretically be able to understand and comply with it – if they are aware of it. This article will provide further information on the law and best practices for compliance. The Law ODRISA has two main components, allowing one day of rest (24 hours) after six days...

  I got way off track. I'm sorry. Here is our real topic for the day. An employer got sued for age discrimination after it fired its DEI Director. Never a good idea to discriminate against your DEI Director, of all people. (Allegedly.) The employer tried to get the case dismissed on summary judgment, but a federal judge in Tennessee (Trump appointee)  denied the motion , meaning that the case will go to a jury. According to the court, the employer had not three, but seven, strikes against it. That means the employer struck out 2 and 1/3 times (I guess there were a couple of foul balls).  Play-by-Play The Plaintiff was hired at age 52 to be the DEI Director for a university in Tennessee (not that big orange one in Knoxville – a different one). According to her supervisors, for the first five years of her employment, she did a good job. Then she got some new supervisors . . . when she was about 58. The new bosses said that the Plaintiff’s diversity programming was ho-hum, ...

  Formally published on April 19, 2024, the Equal Employment Opportunity Commission (EEOC) released the final regulations and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA).  It will be published in the Federal Register 60 days later (June 18, 2024).   The PWFA went into effect on June 27, 2023---the EEOC provides important clarifications and insights into how the EEOC will enforce the law.  It requires employers with at least 15 employees and other covered entities to provide reasonable accommodations to a qualified employee's or applicant's known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause undue hardship on the operation of the employer's business.   JacksonLewis  provides key PWFA requirements:   Under the PWFA, an employee has two ways to establish they are a “qualified employee”:   Like under the Americans with Dis...