Here’s a warning for HR professionals who are reviewing personnel files for use in a lawsuit: Don’t even think about playing games with the judge by failing to hand over everything. For example, if you provide only negative information, chances are a judge won’t be pleased.
A class of 1,245 exotic dancers will split an $8 million settlement resulting from claims that the Penthouse Executive Club in Manhattan’s Hell’s Kitchen neighborhood misclassified them as independent contractors.
In 2008, Congress expanded the FMLA to include two types of military leave: exigency leave and military caregiver leave. In 2010, Congress expanded those leave rights by applying them to the regular armed forces as well as National Guard members and reservists. Now those changes have been officially implemented with new regulations from the DOL.
Some things are best left unsaid. That includes any comments about how hard it must be for a mother to have a career and raise children. Tell managers to keep the topic out of their office chitchat.
A Pennsylvania-based energy-industry staffing firm has agreed to pay $190,000 to a black former employee to settle charges that a foreman harassed and physically abused the man because of his race.
Here’s some good news: As long as you are willing to accommodate an employee’s medical condition, you won’t face liability for unemployment compensation if she quits. And the employee has to tell you she needs that accommodation. If she just quits, she won’t be eligible.
How often have you worried about disciplining the only employee who belongs to a particular protected class? You probably feared that the employee would sue, alleging bias. Relax. Being the only black … or Asian … or female employee doesn’t confer any particular advantage in a discrimination lawsuit.
In almost every case, clearly documented poor performance will trump discrimination allegations. That’s especially true if you can offer examples going back a reasonable period of time.
The U.S. Citizenship and Immigration Services recently released the long-awaited revisions to Form I-9, which employers had to begin using by May 7, 2013.
You can’t prevent all sexual harassment, but you can do plenty to avoid liability when it does happen, at least when the harasser is a co-worker. Start with a clear anti-harassment policy, and make sure everyone understands it.