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Employment Law

5th Cir. Court of Appeals rejects DOL interpretation of guest worker minimum-wage requirement

11/01/2010
In a sign that some courts are flexing their muscles and resisting attempts by the U.S. Department of Labor to crack down on employers, the 5th Circuit Court of Appeals has rejected an effort to force employers to cover more guest worker costs.

East Texas nursing home gets a pregnancy checkup

11/01/2010

The EEOC has sued an East Texas health care company for firing a housekeeper after learning she was pregnant. The federal agency sued Murphy Healthcare, which operates Frankston Healthcare Center, for firing Myesha Kerr, allegedly because it was concerned that she would be required to perform heavy lifting and be exposed to toxic chemicals.

If reorg cuts jobs, check for inadvertent bias

11/01/2010

Is your organization planning big changes that could result in layoffs? You may have no choice. But a poorly planned and implemented layoff can cost more than it saves if it invites lawsuits. That’s why it’s important to check for potential race bias or other discrimination before making final decisions.

Tell bosses: Never urge workers to retire

11/01/2010
If an older employee has to be terminated, the fact that a boss had hinted that the worker should retire will make it easier to persuade a court that age was the real motivating reason for the discharge.

Leave as a disability accommodation: Are your policies compliant?

11/01/2010

The EEOC has sued Princeton Hospital, alleging that its leave-of-absence policy violates the Americans with Disabilities Act Amendments Act. The hospital requires employees to return to work within seven days after their FMLA leave expires, regardless of whether they are disabled. The suit alleges that the hospital refused to allow additional leave as an accommodation in violation of the law.

West Palm Beach labor dispute becomes election issue

11/01/2010
An ongoing dispute between West Palm Beach’s Kravis Center for the Performing Arts and trade unions became an election issue this fall, forcing candidates to cancel political events they had scheduled there rather than cross picket lines.

Tollway EEO officer claims punishment after complaints

11/01/2010
An Equal Employment Opportunity officer with the Illinois Tollway has sued the agency, claiming she was suspended in retaliation for two reports she wrote alleging contracting improprieties by its former chief procurement officer.

Holiday scheduling: 7 steps to help you keep the peace

11/01/2010
Issue: Scheduling employees during the holidays can cause logistical and legal headaches.
Risk: At the least, hurt feelings and dampened morale. At the worst, a messy religious-discrimination lawsuit.
Action: …

Rejected Sikh seeks damages

10/29/2010
Tri-County Lexus of Totowa faces religious discrimination charges after it refused to hire a Sikh applicant because he refused to shave his beard.

Roselle employee’s lawsuits double-down against borough

10/29/2010
A former public works department employee has filed sex discrimination charges against the borough of Roselle—and now she’s added a breach-of-contract lawsuit that offers lessons for HR professionals.