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Employment Law

Tell managers: No comments of any kind about discrimination complaints

04/24/2017
The risk: Even if a complaint gets tossed out, employees could have a valid retaliation claim.

Your best protection against bias lawsuits: Let he who hired be the one who fires

04/24/2017
If the manager has moved on, all is not lost. You can still argue that the worker was hired knowing his status and that it makes no sense to then have fired him for that characteristic.

Carefully track exempt employees’ work, too

04/24/2017
It’s up to the employer to establish exempt status and to provide the proof that the worker did perform exempt tasks at least half the time.

ADA: The Limits of Accommodation

04/22/2017
White Paper published by The HR Specialist ______________________ The Americans with Disabilities Act (ADA) isn’t an open-ended demand that employers do whatever is necessary to accommodate workers with disabilities. The law requires employers to make “reasonable” accommodations to allow a disabled worker to perform the essential functions of his job. The key question: What is […]

‘No pet’ policy doesn’t cover emotional-support animals

04/20/2017
A Florida trucking company refused to hire a military veteran who used a service dog, citing its “no pets” policy.

Beware class actions in wage-and-hour cases

04/19/2017
It doesn’t take much for a court to approve a class-action overtime lawsuit if it is clear that a company policy affected everyone in the same job classification.

Part-time work isn’t always reasonable accommodation

04/19/2017
A court has concluded that, for some jobs, full-time attendance is an essential function. When that’s the case, an employer has no obligation to create a part-time position to accommodate an employee’s disability.

Isolated incidents don’t add up to harassment

04/19/2017
Courts don’t expect workplaces to be perfectly harmonious, without any hint of harassment. As long as the behavior doesn’t repeat or become progressively worse, courts generally hesitate to intervene.

DOL near top of regulatory hit list

04/18/2017
Only one federal agency earned more ire than the Department of Labor when President Trump asked business interests to weigh in with their ideas on where the government should cut regulations.

Senate HELP Committee wants to undo EEO-1 pay reporting rule

04/18/2017
The chair of the Senate Committee on Health, Education, Labor and Pensions wants the EEOC to rescind changes to the annual EEO-1 report that were instituted during the Obama administration.