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Employment Law

FMLA reveals poor performance? Discipline

03/19/2016
Sometimes, it takes an absence to discover that an employee wasn’t doing her job well. But some HR professionals and supervisors fear disciplining a worker if they discover the poor performance while she is on FMLA leave.

White-collar OT rule likely in effect by summer

03/17/2016
The Department of Labor has forwarded its final rule overhauling white-collar overtime to the Office of Management and Budget for review, starting the countdown clock toward possible full implementation by mid-summer.

Chauffeurs get $130k each for Saudi snub

03/11/2016
When Saudi Prince Abdul-Rahman bin Abdul-Aziz traveled to the Mayo Clinic in 2010 for treatment, he arrived with a large entourage.

Native American casino isn’t Title VII employer

03/11/2016
When is an employer not an employer under Title VII?

Employer gets to set harassment standards

03/11/2016
Employers have the right to set reasonable behavioral expectations for employees. This, of course, includes expecting that employees won’t sexually, or otherwise, harass employees. Feel free to make your anti-harassment policy as strict as you want.

Court: Constant racial slurs plus unequal treatment warrant a trial

03/11/2016
A few isolated comments don’t usually form the basis for challenging an otherwise legitimate employment decision.

Reasonable accommodations on the table? Put that offer in writing!

03/11/2016
Disabled employees who have medical needs that require a reasonable accommodation and don’t receive one can quit and still be eligible to receive unemployment benefits.

Know the fine line between talking about unions and real union organizing

03/11/2016
The rules that govern employee efforts to better their working conditions are complex.

Sometimes, employee gets 2 shots at lawsuit

03/11/2016
An employee who had a state interference-with-contract claim dismissed—the court said he had been legitimately fired for insubordination—can still file a federal whistleblower retaliation lawsuit based on the same facts.

Stray comments alone don’t prove bias

03/11/2016
A few stray comments in the workplace aren’t enough to taint every employment action. The comments have to be somehow tied to the employment action.