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Employment Law

When employee files nonsense lawsuit, leave the legal maneuvering to your attorney

11/29/2011

In HR, sometimes one just has to wait while disputes run their course—like when a terminated employee sues over claims that clearly have no basis in reality. You can’t ignore such a lawsuit, but you should push your attorney right away to resolve the situation.

Beware hidden danger of class-action lawsuits

11/29/2011
Managers may think it’s safe to underpay employees by having them work off the clock or shaving time off their overtime tab because no one has complained. But it takes just one short-term employee to get the lawsuit ball rolling. Before you know it, you will be facing an FLSA and New Jersey Wage and Hour Law class-action suit.

Hidden risk: Do your employee committees violate labor law?

11/28/2011

At first glance, management-employee participation groups seem legally risk-free. But looking deeper, such committees could, under certain circumstances, be viewed as illegal, employer-dominated unions under federal labor law.  Key point: According to a handful of NLRB rulings, an employer commits an unfair labor practice whenever it dominates any “labor organization.”

Fayetteville Goodyear plant sued over woman’s firing

11/28/2011
Goodyear Tire & Rubber faces charges of disability discrimination at its Fayetteville plant after it terminated a woman because she suffers from a menstrual bleeding disorder, menorrhagia.

Employers must watch for same-sex harassment, too

11/28/2011
A Huntersville seafood restaurant will pay $86,000 to four male em­­ployees who were harassed on the job by another male worker.

Drug testing leads to disability bias suit in Raleigh

11/28/2011
Employers know to be wary of drug tests because they’re sometimes incorrect, falsely indicating that someone has been using illegal drugs. Now the Raleigh office of a national insurance giant has learned of another danger: Drug tests can trigger disability discrimination lawsuits.

Employee represents herself? Take lawsuit seriously, anyway

11/28/2011
Employees who lose their jobs these days often have a tough time finding new positions. That’s leading to more discharge lawsuits, simply be­­cause former employees have so few options. Many of those lawsuits are filed pro se. No matter how flimsy such a case seems, never ignore it.

Changing company name doesn’t end legal liability

11/28/2011
Businesses come and go, especially during tough economic times. But sometimes companies just change names and corporate status, while essentially remaining the same entity. That doesn’t mean their legal obligations just disappear.

Minor malady could hinder performance? Always look for easy accommodations

11/28/2011
Be careful before revoking a job offer based on a physical exam. Consider reasonable accommodations instead.

When making promotion decisions, discrimination prohibited, fairness optional

11/28/2011
Here’s something to think about when you agonize over internal staffing moves: As long as you don’t use discrimination as an excuse to deny someone a promotion, your decision doesn’t have to pass some vague fairness test.