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The COVID-19 Pandemic has created a multitude of problems for employers including novel employment law allegations. This was to be expected in light of the uniqueness of the situation and the variety of laws and regulations being promulgated and revised since the pandemic began. Basic Human Resource (HR) law and regulations have in some instances been amended to address the novel situations that employees and employers are confronting in light of the global COVID-19 pandemic. The purpose of this paper is to examine how new and existing law and regulation impact HR decision making and what employers should be doing to reduce their exposure to litigation while the pandemic continues. [ABSTRACT FROM AUTHOR]

The associational discrimination provision of the Americans with Disability Act (ADA) prohibits employment discrimination against applicants and employees, whether or not they have a disability, because of their known relationship or association with a person with a known disability. The stated purpose of this provision; "is to prevent employers from taking adverse actions based on unfounded stereotypes and assumptions about individuals who associate with people who have disabilities" (EEOC, 2011). In addition to federal law, a number of states and local governments have also enacted statutory protection for employees regarding associational discrimination. Over the last ten years, the number of charges alleging violation of the association provisions received by the Equal Employment Opportunity Commission (EEOC), with the exception of FY 2012, has steadily increased. Employees have also had increased success in substantiating allegations regarding associational discrimination (HR Hero, 2008). The purpose of this paper is to examine recent litigation associated with the associational discrimination provisions of the ADA and state laws. In addition, policy and practice suggestions are presented to help employers minimize the risks associated with allegations regarding associational discrimination. [ABSTRACT FROM AUTHOR]

With the election of a new president and a new majority in the legislative branch, employers subject to laws and regulations administered by the United States Department of Labor (DOL) should be preparing for a number of changes. In June of 2009, new U.S. Secretary of Labor Hilda Solis, addressing a National Policy Forum in Washington, D.C. stated that under her watch, "enforcement of our labor laws will be intensified" (Gurchiek, 2009). While vowing to not completely eliminate voluntary compliance programs initiated by her predecessor, the main focus of the DOL will turn from voluntary compliance programs to enforcement (Leonard, 2009). The purpose of this paper is to identify aspects of DOL's enforcement efforts that employers can expect to see in the near term and policy and practice suggestions to facilitate compliance. [ABSTRACT FROM AUTHOR]

Complying with the Fair Labor Standards Act (FLSA) continues to be a challenge for employers. In Fiscal Year (FY) 2008, the U.S. Depart of Labor's Wage and Hour Division (WHD) recouped back wages totaling $185,287,827 for 228,645 workers. While this amount is down from the $220,613,703 recouped in FY 2007, it still represents a 40 percent increase over the FY 2001 amount. Since FY 2001, WHD has recouped more than $1.4 billion in back wages for over two million workers (DOL News Release, 2009). In addition to the back wages recouped by the federal government, employers in a variety of industries all across the United States have over the last ten years been staggered by large settlements awarded to employees in class action litigation estimated to be as high as $319 million in 2007 and even higher in 2008 (Seyfarth Shaw (2008). The purpose of this paper is to examine the nature of the challenges employers have faced in recent years with respect to FLSA compliance and what organizations can do to facilitate compliance with the FLSA. [ABSTRACT FROM AUTHOR]