Allen Smith

Manager, B2C Content at SHRM HR News

Manager of workplace law content at SHRM, [email protected]

Articles

Justice Department Launches Civil Rights Fraud Initiative

1 week ago | shrm.org | Allen Smith

HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law. The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.
Some Striking Starbucks Employees Oppose Black-Shirt Dress Code

2 weeks ago | shrm.org | Allen Smith

Starbucks’ updated dress code got some pushback from employees who walked off the job on May 14 in protest, following an April 24 allegation that the change was an unfair labor practice in violation of the National Labor Relations Act. Starbucks denied any violation, saying only a few employees participated in the protest while others welcomed the new dress code.
DOL Gives Extra Leeway for Independent Contractor Classification

4 weeks ago | shrm.org | Allen Smith

The U.S. Department of Labor (DOL) has announced it will not apply the 2024 independent contractor rule, which narrowed the scope of independent contractor classification, in its enforcement of the Fair Labor Standards Act (FLSA). While the announcement will make it easier for employers to classify workers as independent contractors, the 2024 rule remains intact for purposes of private litigation.
Layoffs Are Happening: Tips for HR Before, During, and After Them

1 month ago | shrm.org | Allen Smith

More than 1 in 7 HR professionals said their organization had conducted a reduction in force (RIF) over the last 30 days, according to the SHRM March 2025 Current Events Pulse survey. Among those HR professionals who conducted layoffs, the most likely reason was a workforce reorganization (50%), followed by changes in business strategy (37%) and poor business performance (36%).
DOL Reconsiders 2024 Overtime Rule amid Ongoing Legal Challenges

1 month ago | shrm.org | Allen Smith

A federal court has stayed proceedings in litigation over the 2024 overtime rule while the U.S. Department of Labor (DOL) reconsiders the regulations. The department asked the 5th U.S. Circuit Court of Appeals for the stay in the case it appealed in February. The court agreed on April 29 and required the agency to file a status report with the court every 60 days.
High Court Expands Availability of Differential Pay to Military Reservists

1 month ago | shrm.org | Allen Smith

The U.S. Supreme Court on April 30 clarified that differential pay is available to military reservists serving during a national emergency without them having to make the extra showing that their service has a substantive connection to a particular national emergency.
Guard Against Legal Pitfalls: HR’s Personal Liability Explained

1 month ago | shrm.org | Allen Smith

Companies often stand by HR professionals and managers who are sued as individual defendants in employment litigation, so long as HR and managers have handled things properly. But if they haven’t, they may have to retain and pay for their own attorneys and be responsible for paying a share of any settlement, judgment, or verdict won by plaintiffs.
How HR Can Improve Credibility Determinations in Investigations

1 month ago | shrm.org | Allen Smith

Internal consistency of a witness’s story and corroboration of testimony are important factors in assessing credibility during workplace investigations, according to a March SHRM Current Events Pulse survey. Inconsistencies are problematic, but they don’t always show the whole picture. That’s one reason corroboration is so important.
Trump Executive Order Calls Disparate-Impact Liability Unlawful

1 month ago | shrm.org | Allen Smith

In a groundbreaking executive order (EO) issued April 23, President Donald Trump called disparate-impact liability — a common basis for lawsuits under anti-discrimination laws — unlawful. Disparate-impact liability makes employers’ seemingly neutral practices, such as job applicant tests, unlawful if they have a discriminatory effect, even without any discriminatory statements or intent.
Supreme Court Makes It Easier to Bring ERISA Claims Against Plans

1 month ago | shrm.org | Allen Smith

In a unanimous decision, the U.S. Supreme Court on April 17 clarified that plaintiffs bringing prohibited transaction claims under the Employee Retirement Income Security Act (ERISA) do not have to satisfy additional pleading requirements. Reviving plaintiffs’ claims, the high court rejected concerns that its decision would result in a flood of litigation.