Proposed EEOC enforcement guidance on unlawful harassment issued in January emphasizes that employers should take a proactive role in preventing harassment, as well as in effectively identifying and eradicating harassment if and when it occurs.
If a worker files a harassment complaint and a supervisor decides to punish him by setting him up to violate a company rule, that can be retaliation. It doesn’t matter if the worker in question actually broke the rule.
Employers get to set the workplace rules and, generally, employees have to follow them. As long as you can show you explained the rules to employees, they can’t later argue they didn’t know which rules applied to them.
The Worker Adjustment and Retraining Notification (WARN) Act requires employers to notify employees 60 days before closing down or conducting a mass layoff of 50 or more workers. However, there are exceptions.
Employers can’t assume that because an employee earns more than $100,000 per year and performs some duties that could arguably be considered exempt management tasks, they qualify for the FLSA’s so-called Highly Compensated Exemption.
USERRA extends workplace protection to those who return to work after active duty. Essentially under USERRA, those employees are no longer at-will employees; you may only terminate them for cause.
The more centralized the management and direction and the more equipment and staff are shared between locations, the more likely a court will consider the separate locations to be part of the same operation.
It’s perfectly acceptable to require employees who want to return to work following an absence to present a fitness-for-duty certificate from a medical provider. Just make sure you require it from all similarly situated employees.
The first black firefighter in the Irving, Texas Fire Department is suing the department, claiming it promoted a less qualified white applicant to assistant fire chief.
State Sen. Eric Johnson has introduced legislation that would bar employers from asking for an applicant’s salary history before making a qualified job offer that includes a proposed salary.