Employment Law

Employers must comply with various state and federal laws that deal with all aspects of the employee/employer relationship. Topics covered include: hiring, terminations/layoffs, ERISA/benefits, immigration, COBRA, the minimum wage, military leave/USERRA, background checks, unions, discrimination, disability law, the FMLA and state workers’ compensation laws. Find legally smart strategies and employment law advice to keep you out of court.

    (Page 2 of 283)   « Prev  1  
    2
      3  4  5  Next »

    Generally, employees aren’t entitled to FMLA leave to care for adult children who suffer from serious health conditions—unless the child is disabled. The test is whether the child suffers from a physical or mental disability that makes self-care impossible.

    Daniel Brant liked to curl his eyelashes and wear mascara and heels when he went to his hair-stylist job at the Chop Shop on the Philadelphia campus of Temple University. When his boss transferred him to the salon’s South Street location and later fired him, he sued for discrimination.

    Asperger’s syndrome may be a covered disability under the ADA, a federal court hearing an Ohio case has concluded. Asperger’s is a developmental disability characterized by “severe and sustained impairments in social interaction,” according to the American Psychiatric Association. The condition is permanent and is similar in some respects to autism.

    You are no doubt familiar with Title VII of the Civil Rights Act. It prohibits various kinds of discrimination and also spells out tight deadlines for when employees must file complaints with a state discrimination agency or the EEOC. But there is another avenue employees can use to get into federal court, as long as race is at the core of the discrimination claim: Section 1981 of the Civil Rights Act.

    One of the cardinal rules of hiring is that you should ask all applicants the same questions. Even good rules can sometimes be broken—when it makes good sense. For example, if you have an open position and are interviewing both internal and external applicants, it’s perfectly logical to ask internal applicants different questions, since they’re already familiar with your operations.

    Set aside any notions you might have that the federal bureaucracy is inherently dysfunctional. In fact, Uncle Sam’s best agencies have a thing or two to teach private-sector employers. Here are eight lessons employers can learn from the biennial agency-by-agency ranking of federal employers by the Partnership for Public Service and American University’s Institute for the Study of Public Policy Implementation.

    Some employees with genuine disabilities may think they can use their physical or mental conditions as an excuse to break workplace behavior rules. They can’t. As long as those rules are clearly explained and enforced equally, you don’t have to listen to my-disability-made-me-do-it excuses. You can lower the boom.

    Ten states tie increases in the minimum wages to the inflation rate: Arizona, Colorado, Florida, Missouri, Montana, Nevada, Ohio, Oregon, Vermont and Washington. Since the cost of living has actually declined this year, none of those states will see an increase in their minimum wages.

    Considering the toll the obesity epidemic takes on Americans’ health, you’d think Dr. Jason Newsom’s bosses in Panama City would be happy with his campaign to educate the public about the dangers of obesity. Fat chance. While attacking sweet tea, burgers and fries was all right, it was doughnuts that doomed the doc.

    Employers that support pregnant and working mothers fare better if they do get sued by someone who believes she suffered pregnancy discrimination. That’s because courts are reluctant to believe that an organization would suddenly become biased after demonstrating a history of progressive policies for pregnant women and working mothers.

    Times are changing in the world of workplace immigration law. Employers now have to complete a new version of the I-9 Form. The feds just launched “a bold new audit initiative” to punish employers who hire illegals. And starting Sept. 8, thousands of federal contractors are required to use the electronic E-Verify system. Result: a greater risk for immigration-related trouble than ever before ...

    For years, employers have grappled with the question of what exactly is “sexual harassment” and how much sexual banter is allowable. But lost in that debate is the fact that a workplace is just that—a place where work is supposed to be done. Here’s one good way to end this legal tightrope-walking and prevent potential problems down the line: Implement a policy that clearly bans sexual banter. Then punish those in violation.

    Sears agreed last month to a $6.2 million settlement with the EEOC over charges that it violated the ADA. This is the largest ADA settlement in a single lawsuit in ADA history.

    Age-discrimination lawsuits have shot up in recent years, climbing 29% last year alone. But a recent pro-business ruling by the U.S. Supreme Court will make it harder for employees to prove age bias in the workplace. Employee advocacy groups are crying foul.

    It’s a fact of life: Employees get into arguments at work. Obviously, you can’t let a situation get out of hand. But be careful how you discipline the individuals. That’s especially important if there’s no clear evidence about who said what to whom. If you decide to suspend one employee, suspend the other one, too.

    Q. Someone from outside our company approached our HR vice president wishing to discuss a “personnel matter.” During the meeting, he presented the vice president with a set of union authorization cards signed by over half of the company’s employees. As the vice president flipped through the authorization cards, the individual stated that he is a union business agent and that his union represents a majority of an appropriate bargaining unit at the company. Are our employees entitled to an election to determine if they will be represented by the union?

    HR is being forced to respond to an increasing number of sexual harassment claims revolving around explicit photos sent via text message, a practice known as “sexting.” Latest case: A Hooters waitress in Florida sued, saying her manager sexually harassed her by texting explicit photos.

    Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?

    Traditionally, a temporary suspension with full pay hasn’t been deemed an adverse employment action, mainly because courts want to give employers time to determine what an appropriate disciplinary action might be. But if the employer extends that suspension or turns it into a transfer to a no-duties position, courts may take that into consideration.

    When an El Pollo Loco restaurant manager filed a wage lawsuit, the company pointed to its handbook that said (in English and small type) “all employment-related disputes must be resolved through binding arbitration.” The manager argued that employees didn’t understand what they were signing and, therefore, the policy wasn’t valid.

    Most HR professionals like to think their workplaces are free from slurs and other behavior that smacks of racial hostility. If only that were always true! Sadly, bigotry sometimes rears its ugly head. But the good news is that an isolated comment probably isn’t enough to make you liable. That is, unless the comment is made by a supervisor.

    The DOL has set up a special fund to compensate employees who worked at the Westinghouse Atomic Power Development Plant in East Pittsburgh from 1942 to 1944. They and their relatives are eligible for payments under the Energy Employees Occupational Illness Compensation Program Act. Workers at the plant may have been exposed to damaging radiation in the race to build the first atomic bomb.

    Sometimes, it pays to take the time and spend the money to have legal experts carefully review your proposed actions. That’s especially true if your company is changing the way it does business in a fundamental way and wants employees to sign off on changes that dramatically affect how they are paid or whether they remain employees.

    Q. An employee called in sick but did not provide any information, other than that he was sick and would not be at work. He didn’t mention the FMLA by name. Was his phone call sufficient notice that he might need FMLA leave?

    It often makes sense to give a fresh start to a poorly performing employee who has been complaining about discrimination. Place her in another position with a new supervisor, new co-workers and a clean disciplinary record. Then if her workplace problems persist, you can terminate her without worrying about retaliation claims.

    (Page 2 of 283)   « Prev  1  
    2
      3  4  5  Next »