Employment Law

Immediately get rid of offensive graffiti

07/19/2017

Employers can’t prevent every harassment incident. But they can provide a way for employees to complain about it and commit to taking swift action when they learn harassment has occurred. That’s typically sufficient if the harassment originates with co-workers and not supervisors.

Details matter when documenting discipline

07/19/2017

Smart employers make sure they document—in advance—the underlying reasons for any disciplinary actions. When preparing documentation, be sure to provide all the details, especially if two employees committed arguably similar offenses but were punished differently.

Stanton to be tapped to head Labor Department’s Wage & Hour Division

07/17/2017

President Trump is expected to nominate Cheryl Stanton to serve as administrator of the Department of Labor’s Wage and Hour Division.

House bill would cut DOL budget 11%

07/17/2017

The House Appropriations Committee has proposed an 11% smaller budget for the Department of Labor next year.

NLRB nominee says he would sit out cases involving his law firm

07/17/2017

Testifying at his confirmation hearing July 13, William Emanuel, nominated to fill a pot on the National Labor Relations Board, faced skeptical questioning from Democratic senators.

Get out your calculator to ensure bonuses comply with FLSA

07/17/2017

Under the FLSA, purely “discretionary” bonuses do not need to be included when calculating the regular rate. “Nondiscretionary” bonuses, however, must be included.

Farm settles case claiming bias against Americans

07/17/2017

Christner Farms in Dawson, in the southwest corner of Pennsylvania, has paid almost $22,000 to settle charges it filled positions with H-2A visa holders but refused to hire a qualified American citizen.

‘Mark of the Beast’ case settled for $600,000

07/17/2017

Consol Energy, headquartered in Pittsburgh, will pay a former employee $586,861 after the 4th Circuit affirmed a lower court’s ruling that he was forced to retire early when it refused to accommodate his religious beliefs.

Patience required to ensure lawful ADA reasonable accommodations process

07/17/2017

Employers that patiently go about the sometimes complicated business of identifying reasonable accommodations for disabled employees seldom end up losing in court. The key is to take the ADA seriously and work with the employee at every stage.

Tell managers: Never comment on FMLA leave

07/17/2017

Employees who qualify for FMLA leave can’t be punished for taking it. Any action that could be seen as dissuading workers from exercising their right to take FMLA leave amounts to interfering with a federal right.