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Employment Law

Supervisor’s name-calling enough for lawsuit

09/23/2019
When a supervisor regularly calls employees derogatory names, that may be enough to move a discrimination lawsuit forward. It’s one reason you should warn all managers and executives that they must treat all subordinates with respect.

DOL opinion letters address FMLA, FLSA, CCPA

09/23/2019
The Department of Labor’s Wage and Hour Division recently issued three opinion letters addressing employer-submitted questions about the FMLA, the Fair Labor Standards Act and the Consumer Credit Protection Act.

Docking manager’s pay can end exemption

09/19/2019
While certain types of deductions are allowed, be aware time- or work-based deductions could destroy a manager’s exempt status.

Firing for vacation during FMLA? Hit ‘pause’

09/19/2019
Even if it appears that an employee is misusing his FMLA leave, you must make discipline or termination decisions based on a rational review of the facts, including the doctor’s certification.

Study: Workplace bullying also harms safety, health

09/19/2019
Bullying bosses can crush morale. But a new Portland State University study says employees’ responses can lead to more work accidents and injuries.

Don’t withhold info needed to apply for promotion

09/19/2019
If you often promote workers from within, make sure everyone has a chance to apply. If you withhold information or otherwise thwart efforts to apply, a disappointed employee can sue if she has reason to believe you had some discriminatory reason to prevent her from being promoted.

Can telecommuters claim hostile environment?

09/19/2019
Don’t assume that an employee who works from home can’t launch a hostile work environment claim. Prevailing in such a lawsuit doesn’t depend solely on demonstrating a pattern of direct interpersonal hostility. Other factors count, too.

Scalia formally nominated to head DOL, set for confirmation hearings

09/18/2019
President Trump on Sept. 11 formally nominated employment law attorney Eugene Scalia to replace Alexander Acosta as Secretary of Labor.

EEOC will end EEO-1 compensation data collection after this year

09/18/2019
The EEO-1 Component 2 data that most employers and federal contractors must submit by Sept. 30 will mark the one and only time the EEOC collects compensation data, according to an EEOC Notice of Information Collection published in the Federal Register on Sept. 12.

Ensure arbitration meets NLRB standards

09/18/2019
For several years, the NLRB has argued that some arbitration agreements violate the NLRA because they limit employees’ right to engage in concerted activity to improve working conditions. Now, the NLRB has eased its criticism of one popular arbitration condition: Mandatory arbitration.