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An employee who files a complaint or returns from a leave of absence and shortly thereafter suffers an adverse employment action is likely to smell a retaliation rat. But what’s considered an adverse action? Consider these managerial actions that often give off a perception of retaliation.
Q. Many of our 60 employees fail to correctly clock in or out and it’s creating major payroll issues. I’ve met with employees who are chronic time-clock abusers and placed warnings in their files. Can we dock an employee for failing to clock in or out?
Q. We recently hired someone who will be working from home three days a week. Do OSHA’s regulations and standards apply to home offices? And are there any other laws we would need to be concerned about regarding telecommuting?
Wage-and-hour litigation is the fastest-growing employment law threat employers face, according to a study by the Crowell & Moring law firm. It costs an average of $5.8 million to settle a wage-and-hour case, largely because so many are class-action lawsuits.
Q. Can I consider safety when deciding whether to hire a disabled applicant or retain an employee with a disability?
The Occupational Safety & Health Administration has issued a memorandum setting out criteria for removing employers from the Severe Violator Enforcement Program (SVEP), the government’s watch list of most dangerous workplaces.
To prevent lawsuits over layoffs, employers often offer a severance agreement that requires the employee to waive the right to sue. When those agreements involve older workers, they have to meet very specific legal requirements.
Q. We’ve traditionally sponsored a springtime cruise for our Pennsylvania employees—mainly executives and directors. However, it will cost too much to invite our newest employees, who work in three neighboring states. Can we sponsor different events for staff in each geographical area?
When employees quit, always ask them for a written resignation.
In Nitro-Lift Technologies, L.L.C. v. Howard, the U.S. Supreme Court ruled that the Oklahoma Supreme Court failed to adhere to a correct interpretation of the Federal Arbitration Act (FAA).