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Employment Law

Fish farms net win in court: They’re not on the hook for FLSA overtime

10/26/2010

By law, the FLSA doesn’t apply to fishing activities when the work takes place on the water. However, the FLSA does cover work at fish-processing plants. That means that employees on fishing boats aren’t required to be paid overtime, while those who packaged the catch on land must. But what about fish farms?

Court refuses to freeze employer’s assets pending outcome of discrimination case

10/26/2010

Here’s a happy ending to a case that could have made very bad law for employers. A federal judge has rejected a former employee’s request for the court to seize an employer’s assets pending the outcome of the case.

Can you pass the constructive discharge test? Beware lawsuits from employees who quit

10/26/2010
Some supervisors wrongly assume that employees who quit can’t sue because they weren’t fired. That’s not true. An employee who finds conditions so intolerable that he or she has no choice but to quit can sue and allege termination. Fortunately, courts expect employees to have relatively thick skins. Workplaces will never be perfect and courts don’t expect them to be.

Court: Employers can collect costs after win

10/26/2010
If an employer loses a discrimination case, it typically has to pay the employee’s legal fees and associated costs plus any damages due. But what if the employee loses the case? Judges have begun assessing legal costs to the losing side. Such costs typically include expenses associated with defending a lawsuit such as deposition fees, copying costs and expert witness expenses.

New employee a dud? Boss who hired should fire

10/26/2010

Someone who harbors animosity against a protected class isn’t likely to hire someone he knows belongs to that protected class. If a manager picks a black man as his preferred candidate for an opening and offers the job, he probably isn’t a racist. If that same manager finds out the new employee isn’t as qualified as he sounded or looked on his résumé, he should be the one to make the termination decision.

Discrimination claims by Muslims rise to all-time high

10/26/2010
The number of discrimination claims filed with the EEOC by Muslims has more than doubled in the past five years, rising to a high of 1,490 last year. Surprisingly, that’s more claims than in the year following the 9/11 attacks.

Steamed at Maxwell House, employee wins reinstatement

10/25/2010

Francena Smith will return to her former job at Kraft Foods’ Maxwell House division in Jacksonville following an arbitrator’s decision. Smith filed an EEOC gender discrimination claim alleging she was disciplined more harshly than several male workers who were also involved in incidents at the plant that caused contamination of the coffee.

Document all efforts to investigate complaints

10/25/2010
One of the best ways to show you took a harassment or discrimination complaint seriously is to come up with figures quantifying your efforts to resolve it. A critical step: logging the number of hours you spent investigating claims, along with a detailed account of all the other steps you took.

Sudden discipline problems? Check for retaliation by boss

10/25/2010

Some supervisors get angry when an employee complains about alleged discrimination. Then they may look for an excuse to discipline the employee. Watch for such sudden complaints of “poor performance.” If the worker was formerly a good employee and now suddenly is not, you may be staring down a sudden outbreak of retaliation.

Praising off-the-clock work? Plan to pay for it

10/22/2010

Every manager loves an employee who gives extra effort—the type who will come in early or stay late to finish a project. But, as this new case shows, managers should be careful about praising hourly employees for their off-the-clock efforts. Workers can use those comments in an overtime-pay lawsuit as proof that the company not only knew of the extra hours, but also condoned them.