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Employment Law

ABA/DOL partnership: ‘New sheriff’ gets a deputy, which could trigger more FMLA, FLSA lawsuits

12/30/2010
Proclaiming “there’s a new sheriff in town,” U.S. Department of Labor Secretary Hilda Solis last year launched a series of new enforcement efforts aimed at employers. Last month the DOL unveiled a first-of-its-kind attorney-referral partnership with the American Bar Association.

Does new law allow nursing, or just pumping?

12/29/2010
Q. We set up a room for new mothers to express milk, complete with a refrigerator and comfortable chair. Now we have a new mother back at work after just four weeks who has the grandmother bring the infant to the workplace every three hours for nursing. This is very disruptive. Can we tell her to express and store the milk instead?

Trend: Lawsuit ‘venture capitalists’ feed litigation fire

12/28/2010
In the past, it was common for lawyers representing employees to front the money for filing fees, deposition costs and expert witnesses. Enter a new enterprise—companies that essentially invest in lawsuits by lending to lawyers money required to mount successful litigation. This new financing system is helping lawyers bring more lawsuits without risking their personal wealth.

Snow day pay: Can we dock for tardiness, no shows?

12/23/2010
Q. We dock hourly employees who arrive late for work, but not our exempt employees. There’s quite a bit of resentment about this policy, especially since over time our exempt employees have been extending the time it takes them to get to work during inclement weather. We know we can’t dock exempt employees if they make it in during snow days, but can we discipline them?

Tuscarora Yarns pays to get untangled from suit

12/22/2010
Tuscarora Yarns, based in Mount Pleasant, has agreed to settle an EEOC lawsuit filed on behalf of a former employee who says she lost her job after accusing a plant manager in Oakboro of sexual harassment.

Former Wachovia controller files whistle-blower suit

12/22/2010
A former commercial real estate finance executive with Charlotte-based Wachovia Capital Markets has sued the company, claiming he was fired for questioning the bank’s risk-management procedures.

Protect your good reputation–it makes suing more difficult

12/22/2010
Here’s one good reason to protect your reputation as an employer that doesn’t discriminate: It raises the lawsuit bar. Applicants actually have to try for a job before suing.

Employee wants transfer to avoid harassment? Be sure to note that she requested it

12/22/2010

Here’s a tip that can save you from a nasty retaliation lawsuit following the transfer of an employee who has claimed sexual harassment. If she’s the one requesting the move, be sure to document that request very carefully. She may later claim that the transfer was retaliation for complaining.

When worried about religious accommodation, keep lines of communication open

12/22/2010
Employers are supposed to accommodate all religions and their practices when reasonable. If you don’t train managers to handle accommodation requests with dignity, you may find yourself facing a religious discrimination lawsuit.

When worker claims bias or harassment: document, investigate and communicate

12/22/2010

Smart employers respond to every harassment and discrimination complaint and follow up even if they believe there was nothing to the complaint. But some employers ignore this simple advice and choose to blow off employee complaints instead of logging them, investigating and making a determination about what happened. That’s a huge mistake.