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Employment Law

The fact of pay bias matters, not what motivates it

04/16/2018
Employees suing under the Equal Pay Act who can prove that they held a substantially similar job but were paid less than a member of the opposite sex don’t have to prove that the employer intended to discriminate.

Employee fired shortly after filing complaint? Brace yourself for a retaliation lawsuit

04/16/2018
An employee who complains about perceived discrimination may be wrong, but filing a complaint still counts as protected activity. If she files an EEOC complaint or a lawsuit, firing her shortly after she complains is just asking for a retaliation claim.

Make sure employees follow all the rules when requesting FMLA leave

04/16/2018
The first in-person treatment with a health care professional must take place within seven days of the initial illness or injury that rendered the worker incapable of performing his job. Otherwise, the regulations assume the condition isn’t a serious health condition. Thus, the worker would not be entitled to FMLA leave.

No anonymous employment lawsuits allowed

04/16/2018
Sometimes, filing a lawsuit and airing dirty laundry in a public forum can be embarrassing and uncomfortable for an employee. That doesn’t give her the right to bring the case using a pseudonym, a federal court has ruled.

Former Duluth, Minn. hockey coach awarded $3.7 million for bias

04/16/2018
A federal jury hearing a discrimination lawsuit filed against the University of Minnesota Duluth has awarded $3.7 million to Shannon Miller, the university’s former women’s hockey coach.

Harassment training has changed since #MeToo

04/12/2018
Employment lawyers say the first six months of the #MeToo movement hasn’t led to a tsunami of workplace harassment claims by employees—at least not yet. One big change, however, has been a sharp increase in the number of employers who are doing preventative training to head off such claims.

Off-the-clock allegations? Find the checkbook

04/12/2018
If you discover you have made a wage-and-hour mistake, the safest approach is often to make it right as soon as possible. If you dispute an employee’s wage claim, you may wind up paying far more in legal fees than you would have if you had simply paid the money the worker claims you owe.

When bias charges arise, never ignore EEOC

04/12/2018
No matter how trivial you might consider discrimination or harassment charges leveled by your employees, never, ever ignore an EEOC complaint. It could wind up costing your organization dearly.

Feds’ rules for safeguarding sensitive info

04/12/2018
A Trump administration official’s frustration over confidentiality breaches has turned into useful advice that can benefit HR professionals who worry about disclosure of sensitive information.

DOL releases enforcement guidance on newly legal tip pools

04/10/2018
Apparently no longer required to wait for formal rulemaking to be complete, the Department of Labor’s Wage and Hour Division has issued a Field Assistance Bulletin describing how federal investigators will treat tip pooling practices they encounter.