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Employment Law

Beware! Single age comment might mean lawsuit

08/08/2011
Prevention is usually better than the cure, especially when litigation is concerned. Having to defend a lawsuit is expensive and disruptive, even if a judge tosses it out fairly quickly.

Work environment: There’s ugly and then there’s biased

08/08/2011
Some employees think employers must make sure nothing unpleasant happens at work. By cloaking workplace annoyances in the mantle of sex, age, race or some other form of discrimination, the employee may believe he has grounds for a lawsuit. But if you investigate the complaint and find no evidence of a hostile work environment, you don’t have to do anything.

Troy factory faces citations, fines following accident

08/08/2011

West Troy Tool & Machine must respond to OSHA charges or pay $250,000 in fines, following a May workplace accident where a worker suffered crushing injuries. OSHA issued a citation for 11 serious safety violations at the plant.

No federal case if first suit is in Ohio Court of Claims

08/08/2011

If a government employee first files a claim with the Ohio Court of Claims, that bars related federal claims against a state agency’s individual supervisors. That may mean those supervisors will avoid individual liability for FMLA, FLSA and civil rights violations.

When workers and bosses trade ­accusations, prepare to sort out retaliation claims

08/08/2011

Here’s a unique spin on a retaliation claim: An employee files an internal complaint alleging his supervisor is discriminating against him. Then the supervisor files his own internal complaint against the employee. Is that retaliation? Not according to the court in this case.

HR law 101: Always follow up with employee who has filed internal discrimination complaint

08/08/2011
Smart HR pros make it a point to check back regularly with employees who complain about alleged discrimination. They document those conversations and address any problems the employee reports, such as claims supervisors are blocking promotions or other opportunities.

FMLA leave spikes before weekends, holidays? Investigate suspected abuse, fire if warranted

08/08/2011

Employees with chronic medical conditions that flare up unpredictably may be entitled to FMLA leave. But that can create scheduling nightmares for employers. And intermittent leave, by its nature, is subject to abuse. After all, an employee on intermittent leave can simply call in and explain his condition is acting up. But that doesn’t mean employers are powerless when they suspect abuse.

EEOC backs bias suit against Wood County government

08/08/2011
A woman who claims the Wood County Sheriff’s Office rescinded a job offer is suing the county, alleging it discriminated against her because of her age and disability.

Court allows termination for failing drug test

08/08/2011
A school employee has lost her case against the school district after it fired her for testing positive for illegal drugs. She had argued she was forced to undergo drug testing on the threat of losing her job and that the testing violated her right to privacy and right to be free from unreasonable searches under the U.S. Constitution.

Better pay, longer hours? Beware pay bias suit

08/08/2011
Here’s a scary hypothetical: A female exempt employee comes into HR to complain about sex discrimination and pay bias. She tells you she works for a male supervisor; two men hold the same position she does. Her hourly rate based on a 40-hour workweek is higher than either of the men’s. But she argues that her supervisor makes her work longer hours. She says that’s pay discrimination. What do you tell her?