Employment Law

Court losing patience with pro se complaints

04/03/2014

Courts seem to be losing patience with so-called pro se lawsuits in which workers act as their own lawyers to sue and provide no specifics about alleged employer wrongdoing.

Track worker receipt of electronic handbook

04/03/2014

Want an easy way to show that an employee acknowledged receiving a copy of your arbitration agreement? Include it in the employee handbook. Then have IT track when employees received it.

Worker claims negligent supervision caused harassment? She must sue under Title VII

04/03/2014

Employers that don’t do enough to combat sexual harassment in the workplace face liability under Title VII. But it doesn’t follow that harassed employees can also sue under state law for negligent supervision. Employees have to be satisfied with the remedies under Title VII and can’t go for a larger jury award under state common law.

Ensure collective bargaining agreements spell out exact wage-and-hour terms

04/03/2014

Here’s a case that illustrates at least one advantage for employers to a union workplace. If your collective bargaining agreement spells out how pay is calculated and excludes time spent donning and doffing work clothes and safety equipment, a contrary state wage-and-hour law doesn’t apply.

Standardize accommodations process to manage your ADA risks

04/03/2014

Disabled employees who need reasonable accommodations can’t jump the gun and sue prematurely. If they continue doing their jobs and their employer does not take any adverse action against them, they don’t yet have grounds for an ADA lawsuit.

Prevent retaliation after good-faith complaint

04/03/2014

It’s illegal to retaliate against employees for complaining about sex discrimination or harassment. The employee’s initial complaint doesn’t have to pan out, either. It’s enough that the employee reasonably believed in good faith that she was being discriminated against.

Beware retaliation when rehiring after layoff

04/03/2014

When an employee complains about discrimination and then finds himself part of a reduction in force, he may have a tough time proving that the complaint had anything to do with the layoff. But if he then ends up being the only employee never recalled or rehired, he may have a retaliation case.

Employment Law

Court losing patience with pro se complaints

Track worker receipt of electronic handbook

Worker claims negligent supervision caused harassment? She must sue under Title VII

Ensure collective bargaining agreements spell out exact wage-and-hour terms

Standardize accommodations process to manage your ADA risks

Prevent retaliation after good-faith complaint

Beware retaliation when rehiring after layoff

Perez won’t commit to timeline for revising FLSA’s overtime rules

Obama’s 2015 budget: Less for DOL, but more for EEOC enforcement

Affordable Care Act: Change it, keep it, scrap it?

Tools

Advice by State

Advice by Topic