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Employment Law

Clarify that promotions are based on business need

04/01/2008
Many companies have well-publicized promotion-from-within policies that encourage hard work, additional training and preparation to move up. If that’s the case at your organization, make sure you aren’t promising too much. Controlling employee expectations can lower the risk of litigation …

Carefully justify pay differential between women and men

04/01/2008
The Equal Pay Act (EPA) requires employers to pay the same to male and female employees who perform jobs requiring equal skill, effort and responsibility. The EPA allows employers to adjust pay rates for legitimate business factors “other than sex.” To use experience as the reason for different pay rates, the employer should create a compelling record showing exactly what kind of experience it considered …

Tough new boss? Make sure everyone is treated ‘By the book’

04/01/2008
Sometimes, organizations have to shake up the troops. If productivity had been below par and attitudes poor, a new boss who takes a hard line may be just what the company needs. As long as the new supervisor doesn’t single out employees who are members of a particular protected class, there’s nothing wrong with a heavy dose of “follow the rules” management …

Routinely document poor performance—Just in case

04/01/2008
When a supervisor says a subordinate is not performing well, make sure empirical evidence backs up that opinion. In addition, direct anyone who had to deal with the employee’s poor performance to make notes. If supervisors are called later to testify in court, notes will help them remember the details …

All by itself, a lower evaluation score isn’t retaliation

04/01/2008
Nowadays, many employees who file discrimination complaints follow up later with retaliation claims. That doesn’t mean employers have no power to manage the workplace after an employee files a discrimination complaint. The key is to be levelheaded, reasonable and fair, especially at evaluation time. You aren’t required to reward discrimination complaints with inflated evaluations …

You must follow no-Fault absenteeism policy to the letter

04/01/2008
Companies often rely on a no-fault absenteeism policy as an objective way to determine who should be terminated for unreliability. As long as the policy doesn’t count time off for an FMLA-protected reason, such policies work well—if you follow your own rules …

Double-Check discharge rationale if employee participated in FLSA action

04/01/2008
Employees who file or participate in an FLSA lawsuit are protected from retaliation. That’s why it’s important to carefully consider any disciplinary action and make certain that the decision is fair, consistent and based on solid business reasons …

FGCU settles age discrimination case

04/01/2008
Florida Gulf Coast University may pay as much as $650,000 to settle an age and gender discrimination lawsuit with Johnny McGaha, former dean of the college of professional studies. When he was demoted to a professorship in 2005, McGaha, 64, said the move was retaliation …

Wage-and-Hour suits are hot

04/01/2008
Wage-and-hour lawsuits are growing exponentially, according to the fourth Annual Workplace Class Action Litigation Report from national law firm Seyfarth Shaw LLP. The U.S. District Courts for the Southern and Middle Districts of Florida led the way with more wage-and-hour filings than any other federal jurisdictions …

Golden Corral faces harassment suit

04/01/2008
Four former employees are suing Raleigh, N.C.-based Golden Corral Corp. for sexual harassment they say they endured while working at a restaurant in Port Richie. The plaintiffs claim three male workers, including an associate manager, sexually harassed them repeatedly …