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Employment Law

Equitably enforce rules against fighting

10/10/2018
Rest assured that you won’t be second-guessed if you apply no-fighting rules even-handedly.

Ensure investigation isn’t tainted by bias

10/10/2018
When faced with the potential for widespread employee misconduct, how you investigate your suspicion can make all the difference in preventing a needless discrimination lawsuit.

A year after #MeToo, executives see change

10/10/2018
One-third of executives say they have altered their actions to avoid behaviors that could be perceived as sexual harassment, according to new data from the Society for Human Resource Management.

Pastors’ federal suit targets LGBT employment rights

10/10/2018
A group of evangelical ministers has filed a class-action lawsuit in federal court seeking an exemption from Title VII of the Civil Rights Act for employers who object to homosexuality.

DOL weighs in: Pay for participating in wellness activities?

10/09/2018
More and more employers are providing various wellness incentives as part of their medical insurance plans to promote healthier lifestyles and choices. A new opinion letter addressed whether employees should be paid when they participate in certain activities.

Payroll deductions create overtime violations for Conn’s

10/09/2018
Conn’s Appliances, based in The Woodlands, Texas, learned the hard way that payroll deductions often have unintended consequences.

Beware assigning nonexempt tasks to exempt employees

10/09/2018
Do you require exempt employees to pitch in and perform nonexempt tasks when the need arises? If those tasks are clearly outside their normal duties, this may net you an unpaid overtime claim.

It’s your responsibility to keep accurate time records

10/09/2018
Ensure that the method you use to track hours and calculate overtime is easily defensible and accurate. Under the Fair Labor Standards Act, it is your responsibility to make sure all time is accounted for.

When fired employee complains to EEOC, be sure to monitor all subsequent filings

10/09/2018
Employees who expect to be disciplined or fired sometimes go on the offensive by filing an EEOC complaint. You shouldn’t be intimidated—as long as you are convinced the discipline is legitimate and you have clear documentation of poor performance or misbehavior.

Before you fire, audit past practices to ensure there’s no pattern of bias

10/09/2018
If a supervisor recommends firing an employee for inappropriate conduct or other disciplinary reasons, conduct a quick audit of past discharges before pulling the termination trigger.