Employment Law

Never ignore lawsuits, even ridiculous ones

January 4, 2019
Every now and then, an applicant or employee will file a lawsuit that makes no sense. Whatever you do, don’t just ignore it.
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A new protected class? Don’t have a cow! Yet

December 11, 2018
A British employment tribunal is expected to hear a case brought by a man who alleges he was unlawfully sacked because he is a vegan.
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Religion: Extended leave may be undue hardship

November 28, 2018
Employers must reasonably accommodate employees’ religious practices, as long as it does not cause an undue hardship.
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While you must accommodate disabilities, you don’t have to tolerate chronic absenteeism

November 14, 2018
Employers must reasonably accommodate disabled workers so they can perform the essential functions of their jobs. But at what point does absenteeism make it impossible for the worker to perform the job?
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Beat bias lawsuits by showing you enforce attendance rules fairly and impartially

November 14, 2018
Courts like to see employers use fair, business-related reasons for discipline. A neutral no-fault attendance policy, applied evenhandedly to all workers in the same job classification, is very likely to stand up in court.
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DOL plans to issue new OT rules in March 2019

October 23, 2018
The U.S. Department of Labor says it will propose a new salary threshold for paying overtime to white-collar workers next March.
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Deaf candidate wants interpreter? Listen up

October 18, 2018
What would you do if a job candidate you brought in for an interview told you he was deaf and needed an interpreter to continue the process? If you answered “I don’t know, because I don’t know much about that”—beware.
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What if a worker demands to know the reason for their termination?

September 20, 2018
Q: “We fired an employee without giving a reason. The employee is requesting the reason in writing. Do we have to comply? Also, we just learned that the new supervisor of the employee never met with the employee to discuss the employee’s position description or the supervisor expectations. The supervisor issued the employee a corrective action. In addition, the employee filed a complaint against someone in senior management. The complaint was never investigated. The employee was terminated the next day after filing the complaint. Is there any liability on the agency?” – Anonymous, Virginia
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Employees’ frequent toilet breaks may be a medical issue

September 19, 2018
Home improvement giant Home Depot has agreed to settle a disability lawsuit for $100,000 when it fired an employee for leaving her post to make emergency runs to the restroom.
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Can poking fun at a regional accent rise to the level of harassment and discrimination?

August 28, 2018
Q: “We have an employee with a thick Boston accent. Several of his co-workers imitate him, like ‘Where did you pawk your caw today?’ He doesn’t seem to mind, but I can’t really tell. Since there aren’t any protected characteristics at play—such as race or national origin—would that type of ribbing get us in trouble if we don’t stop it?” – Kevin, Maryland
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