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Showing posts with the label good-faith

EEOC’s New Telework Guidance for Federal Agencies Offers Roadmap for Private Employers: Key Takeaways on Accommodation Compliance

As employers increasingly require remote workers to return to the office, many aren’t sure how to handle telework accommodation requests – but new federal guidance could start providing welcome clarity for employers. The guidance is meant to help agencies determine whether remote work is a reasonable accommodation in light of President Trump’s directive for federal employees to return to the office. Although the guidance is directed toward the federal workforce, the principles align with the Americans with Disabilities Act (ADA), which applies to private employers. Here is what employers can learn from the new guidance – and five steps you can take to strengthen your disability accommodation practices related to remote work. What Happened? The Equal Employment Opportunity Commission (EEOC) and Office of Personnel Management (OPM) issued a  joint technical assistance document  on February 11 with FAQs addressing telework as a disability-related accommodation for federal workers...

Six Issues for Employers to Monitor in 2026

The year 2026 is shaping up to be a critical year for employers. With new regulations, emerging technologies, and shifting cultural expectations, staying up to date with evolving legal issues is more important than ever. Below are six critical issues every employer should have on their radar this year and practical steps to prepare. 1. Diversity, Equity, and Inclusion (DEI) & Equal Employment Opportunity The Equal Employment Opportunity Commission (EEOC) will begin 2026 with a quorum and is poised to look to modify or rescind its  Strategic Enforcement Plan  and  Strategic Plan . Less than a month ago, EEOC Chair Andrea Lucas encouraged white men, specifically, to file claims with the agency if they believe they have been discriminated against due to their race or sex. Employers should expect an increase in litigation filed by this group and others in the traditional majority alleging hostile work environment and failure to accommodate on the basis of religion. The EE...

California SC to Provide Relief and Hope for Good Faith Employers

  Under section 226(e), knowing and intentional wage statement violations give rise to a claim for penalties of up to four thousand dollars ($4,000), along with the plaintiff’s costs and reasonable attorney's fees. California employers have become accustomed to wage and hour litigation involving “derivative” wage statement claims that are predicated on a separate Labor Code violation.   For example, many lawsuits claim employees were required to work off the clock during meal breaks— i.e. , the employer failed to rerecord and compensate for all hours worked—and thus the employees’ wage statements failed to accurately show all hours worked and all earned wages.    A specific court decision significantly reduces potential liability arising from technical and “one-off” Labor Code violations for those employers who made reasonable and good faith efforts to comply with the Labor Code, and who believe they are complying with the law. In representative lawsuits, plaintiffs ...