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Employment Law

Expect ‘lawsuit tsunami’ in wake of Ledbetter Fair Pay Act

04/07/2009

On Jan. 29, President Obama signed the Lilly Ledbetter Fair Pay Act, which may be the most important change in anti-discrimination laws in decades. It applies to all pending compensation-related lawsuits, but limits back pay to two years. Employers can look ahead to many years of legal wrangling over the interpretation of the seven key words of the act: “a discriminatory compensation decision or other practice.”

How does an employee’s FMLA leave status affect how we conduct a layoff?

04/07/2009

Q. I am the HR manager of a company with about 350 employees. I have just learned that the company is eliminating one product line and, as a result, there will be a layoff in that department. One of the employees who would be laid off is on FMLA leave. How do I handle this situation? …

What should we consider when deciding whether to contest an OSHA citation?

04/07/2009

Q. Our company just received a citation from the U.S. Occupational Safety and Health Administration. The proposed penalty is only $120. Is it worth getting a lawyer involved, or should we just go ahead and pay the fine?

Must we pay workers’ weekend travel time to new location?

04/07/2009

Q. We are closing one facility and laying off a large number of workers. In lieu of immediate layoffs, however, we want to temporarily transfer some maintenance employees from another facility 800 miles away. They have agreed to perform this work, which will take about three months. Do we have to pay them for the time spent traveling to the new work location, which will occur over a weekend?

Turnabout is fair pay: EEOC broke overtime law

04/07/2009

Even the feds can’t keep overtime law straight. An arbitrator has ruled that the EEOC—of all agencies!—willfully violated the Fair Labor Standards Act by forcing employees to take comp time instead of overtime pay when they worked more than 40 hours a week. Need more proof that there’s an irony epidemic these days? Increasing numbers of lawsuits are being filed against … lawyers!

‘Sensitive’ worker? Don’t sweat small stuff

04/02/2009

Workplace survival can require a thick skin. Some employees are just too sensitive to what co-workers say, assuming that every overheard comment is directed at them or meant to offend them in some way. The fact of the matter is that even a few incidents that border on harassment or religious intolerance aren’t enough to trigger a successful lawsuit.

On race, the customer isn’t always right

04/02/2009

When it comes to whom you employ, pay no attention to your customers’ preferences if they lead you to make illegal decisions. Simply put, employers can’t consider what race or ethnicity their customers or clients would prefer when making hiring decisions. That would be discrimination.

Investigate and—if appropriate—punish fast following claims of hostile work environment

04/02/2009

Always investigate a co-worker harassment claim right away. If you find a problem, fix it immediately. A rule of thumb: If co-workers say things that most people would find inappropriate, chances are the terms really are offensive—and likely to create legal liability. Most common slang for race or ethnicity is likely to cause trouble.

Remind employees: FMLA doesn’t promise reinstatement if leave extends beyond 12 weeks

04/02/2009

If you provide more than 12 weeks of disability leave, make sure that your employee handbook and policies spell out that employees may lose the right to return to their previous positions if they exceed the 12 weeks of unpaid leave guaranteed by the FMLA.

Settled discrimination case? Be prepared to show you’re complying with terms

04/02/2009

If you’ve agreed to settle a discrimination claim, here are some steps that prove you’re serious about maintaining a discrimination-free workplace. Taking these steps can short-circuit efforts to hold you in contempt of court for not doing enough to prevent further problems.