The 5 reasons employees can take FMLA leave

October 19, 2015
Except in the case of leave to care for a covered service member with a serious injury or illness, U.S. Department of Labor regulations say an eligible employee’s FMLA leave entitlement is limited to a total of 12 workweeks of leave during any 12-month period for any one, or more, of the following reasons.
Read the full article →

‘Joint employer’ redefined

October 14, 2015
The National Labor Relations Board, packed with Obama appointees, has expanded the definition of a joint employer.
Read the full article →

Minor ankle ailment is not a disability, but …

October 14, 2015
A job applicant who applied for a surgical scrub technician position was offered the job contingent on passing a medical exam. The test turned up a minor ankle ailment, and the employer rescinded its job offer. The U.S. Equal Employment Opportunity Commission filed a lawsuit on the applicant’s behalf, claiming the employer pulled the job offer due to a perceived disability …
Read the full article →

One stupid comment from boss doesn’t automatically create sex bias liability

October 8, 2015

Of course, supervisors should never say anything off-color, insensitive or downright stupid. Unfortunately, it happens. However, it takes more than one dumb outburst to support a discrimination claim unless the comment is obviously highly offensive. Less than that, and an employee’s lawsuit is likely to be tossed out.

Read the full article →

Substandard work before FMLA leave? Beware retaliation suit for later poor reviews

October 8, 2015

Don’t think that just because an employee was a poor performer before she requested FMLA leave, a poor review after the request can’t be retaliation. If there is other evidence of retaliation (like a direct statement that FMLA leave was a factor), then the previous poor performance won’t be much of a defense.

Read the full article →

Details make the difference when defending discipline

September 16, 2015
We’ve said it before: Document every disciplinary action and be specific. The employer in this case won because it had excellent contemporaneous records to explain its disciplinary action.
Read the full article →

Worker gives 2-week notice: Can we fire him before that?

September 14, 2015
Q. Do we have to keep employees on the payroll for two weeks after they deliver their resignation notices? Or can we fire them on the spot? — C.C. Colorado
Read the full article →

Trying to ensure pay equality? Be sure to account for even slight differences in duties

September 9, 2015

Under the Equal Pay Act, workers of one sex who perform substantially similar jobs are entitled to the same pay as their counterparts of the opposite sex. But it doesn’t take much to make jobs dissimilar enough to thwart direct comparisons. Keep this in mind when preparing job descriptions and explaining pay differences.

Read the full article →

Believe employee lied? That’s grounds for firing

September 5, 2015
You have the right to expect honesty from your employees. You can fire if you reasonably believe an employee lied about an absence, knowing that you are on safe legal ground if the employee sues.
Read the full article →

Repeat after me: Never fire anyone for wearing a religious headscarf!

September 3, 2015
Rotten Ralph’s, a popular Philadelphia restaurant, has been sued by the EEOC, which alleges that the eatery violated federal law when it refused to allow a Muslim server to wear a religious headscarf as a reasonable accommodation of her religious beliefs and instead fired her.
Read the full article →