When you get a discrimination or harassment complaint, it’s essential to launch an immediate investigation. If the employee quits, continue the investigation. That way, in case of a lawsuit, you can show the court you took the complaint seriously.
Here’s a tip that can prevent a needless lawsuit over FMLA retaliation. When a supervisor recommends firing an employee, make sure the final decision-maker doesn’t know about any recent or current FMLA leave usage.
For the first time in 40 years, Mexico has instituted significant labor reforms, a move that has far-reaching implications for its employers as well as U.S. companies doing business there.
Employers that face lawsuits from employees who act as their own lawyers know it’s hard to get those cases dismissed. But judges are becoming more sensitive to this problem—and less tolerant of pro se litigants.
Fort Worth-based Alcon Laboratories has agreed to pay $199,443 in back wages to 342 assemblers, material handlers and production technicians at its Houston facility.
The usual wage-and-hour rules don’t apply to independent contractors because they aren’t employees. But that doesn’t mean you can forget about the FLSA by deciding to just call someone an independent contractor. What really counts is how much control you assert over the individual in how and when she does the work.
Patience is a virtue. Practice it, especially when you have an employee who seems to gripe about everything. Sure, serial complainers are a pain. Don’t make matters worse by striking back.
The most recently released regulatory agenda of the DOL focuses on three major areas: 1. A “plan/prevent/protect” strategy that seeks to achieve compliance with workplace laws each and every day. 2. A departmental commitment to openness and transparency. 3. Reducing employee risk.
Here’s a problem that’s quite common for employers with several work sites spread far apart and one common HR department. Many employees may be eligible for FMLA leave, but some may not be if they work at a location with fewer than 50 employees that’s located within 75 miles of the main office.
Dallas-based Nieman Printing thought it had it all figured out when it hired two temp agencies to employ the same workers doing the same work, but on different days. The strategy: Keep workers from ever putting in more than 40 hours per week for one employer. Desired result: No overtime pay! DOL investigators saw through the charade.