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Employment Law

DOJ and EEOC sue El Paso to enforce settlement agreement

09/02/2008

The U.S. Department of Justice and the EEOC have filed a complaint to enforce a mediation settlement agreement the EEOC entered into with the Housing Authority of the city of El Paso  …

What’s up in Washington: Minimum wage, child labor penalties

09/02/2008

Two key federal laws have changed, affecting how employers handle wage-and-hour issues. A new federal minimum wage went into effect in July, and civil penalties for child-labor law violations increased in May. Here is a summary of each development …

Calculating overtime when the workweek doesn’t correspond to pay periods

09/02/2008

Q. We pay our workers every two weeks. How should we calculate overtime? …

Do temp employees lessen liability?

09/02/2008

Q. We use a full-service employee leasing company. Are we exposed to liability for employment claims brought by leased employees? …

Handle with care if older employee’s performance slips

09/02/2008
When some employees approach retirement, they begin to coast. They may think that there’s no way their employer will let them go at their age, assuming management will be afraid of an Age Discrimination in Employment case. The truth is, that worker isn’t untouchable. Here’s how to handle the situation when you discover the employee is still coming to work but has mentally retired …

Go ahead! Fire if worker sneaks confidential docs to EEOC

09/02/2008
Employees who file EEOC complaints may assume they can rifle through company files looking for smoking-gun evidence of discrimination. Bad move. Employers don’t have to put up with such outrageous antics—if they have the right policies in place …

Grant maternity leave just as generously as you do other leave

09/02/2008
When it comes to maternity or childbirth leave, women have at least two federal laws that protect them from possible discrimination: the FMLA and the Pregnancy Discimination Act. Employers who understand that the FMLA and the PDA work together aren’t likely to make mistakes that result in lawsuits …

Investigate to find truth behind discrimination complaints

09/02/2008
Sometimes a supervisor targets the members of protected classes for poor treatment. But what looks like discrimination sometimes isn’t. Employers can learn the truth—and often protect themselves from liability—by holding off on discipline until after HR has conducted a thorough, independent investigation …

Discrimination costs Alamosa schools $240,000 plus

09/02/2008
A Denver jury has awarded a former school administrator $240,000 for discrimination she suffered based on a perceived disability. Discrimination based on a perceived disability violates the ADA …

Sex is a ‘Major life activity’

09/02/2008
Most people probably think so, but the U.S. District Court, District of Colorado has now made it official: Recreational sex is a “major life activity” under Title I of the ADA. The case involved a former letter carrier who resigned after being passed over for numerous promotions …