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Employment Law

Courts look at unpaid, off-the-clock work when tallying 1,250-hour FMLA threshold

10/04/2010

Many part-time employees don’t qualify for FMLA leave because they haven’t worked at least 1,250 hours during the 12-month period immediately preceding the leave. But now some hourly employees and their attorneys are trying a new approach: They’re claiming that employers failed to count so-called off-the-clock work toward FMLA eligibility.

Poor attitude and work ethic? Don’t give that promotion

10/01/2010

You want to promote the most capable and promising employees and encourage low performers to improve. That may mean pointing out some painful realities when an employee is passed over for promotion. Done sensitively, pointing out poor attitude and lack of a strong work ethic won’t fuel a lawsuit.

Taking FMLA leave may rule out performance bonus

10/01/2010
Under the right circumstances, employers that pay discretionary bonuses based on actual performance don’t have to make the extra payments to employees on FMLA leave. Thus, a discretionary bonus based on performance during each quarter may not have to be paid if the employee didn’t work.

Remind bosses: React to all FMLA requests in a calm and stoic manner

10/01/2010

An employee’s request to take FMLA leave can be frustrating for supervisors who have to manage schedules and projects. But if bosses voice those concerns in a way that seems angry or annoyed, they may be creating the perfect storm for an FMLA interference lawsuit.

Hey, boss, you better call HR! Warn managers against trying to resolve complaints informally

09/30/2010

Sometimes, managers and supervisors just want their employees to get along and get their work done. When they hear someone complaining about sexual or other harassment, they may be tempted to blow it off as a distraction and just ignore it or tell the co-workers involved to stop it. That’s not good enough.

Unlike employees, partners can’t pursue bias claims under employment laws

09/29/2010

If your business is a professional practice like law, medicine or accounting, it may have partners or shareholders who receive paychecks. Such shareholders probably can’t sue for discriminatory practices under Title VII and other employment laws. But when is a person considered a shareholder or partner?

Prayer breaks: Know what’s ‘reasonable’

09/28/2010
Employers generally are required to accommodate employees’ prayer breaks. Arriving at a reasonable accommodation requires a give-and-take discussion with the worker. But be aware that courts will frown on accommodations that wreak havoc on the employee’s life, such as switching the person to the night shift to avoid prayer-break issues.

3 former female execs sue Goldman Sachs

09/27/2010
Only on Wall Street can you make $800,000 a year and claim that you’re underpaid. But three women who used to earn big bucks at Goldman Sachs are suing because they could have earned even more if they were men.

When investigating bias, there’s fast … and too fast

09/27/2010
You no doubt know you should act fast to investigate when employees complain about discrimination. But that doesn’t mean you need to rush to complete your inquiry in just one day.

Will harassment suit burn Hillsborough pizzeria?

09/27/2010
The EEOC has filed suit against Vinny’s Italian Grill in Hillsborough, claiming it fired two women after they complained about a manager’s ongoing sexual harassment.