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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Embarrassing emails could wind up being aired in court

August 31, 2018
Remind supervisors to choose their words carefully when composing emails. Generally, all forms of communication are fair game for discovery during litigation.
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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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Time rounding must generally favor employees

August 27, 2018
Under Department of Labor regulations covering the Fair Labor Standards Act, employers must pay workers for all time worked, subject to some rounding. Time may be kept, and pay computed, based on rounding “to the nearest 5 minutes, or to the nearest one-tenth or quarter of an hour.”
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Slower pace not a reasonable accommodation

August 6, 2018
Employers are supposed to offer reasonable accommodations so disabled employees can perform the essential functions of their jobs. That doesn’t mean, however, that disabled employees can insist on lower production standards or the ability to do their jobs at their own pace.
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Ensure job application process is clear and easy to understand

August 6, 2018
Is your hiring process clear? Do candidates understand exactly what they need to do to be considered for a job or promotion?
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No unemployment for man who wanted to beat up boss

July 31, 2018
A Pennsylvania judge has refused to grant unemployment benefits to a former employee who was fired for challenging his supervisor to a fist fight in the parking lot after work.
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Are we allowed to ask if a prospective employee has medical coverage?

July 23, 2018
Q: “My manager had job applications made that ask: ‘Do you have medical coverage? If so, with who?’ Is that allowed or not?” – Nikkie, Florida
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When workers are sent home due to an issue with the building, are they still paid?

July 23, 2018
Q: “Our building experienced a water main break that shut down our restrooms. Since OSHA requires restroom facilities for employees, we sent everyone home. Exempt employees still receive their salaries, so they’re paid for the day. Do we need to pay our hourly workers who performed no work that day?” – Calvin, Virginia
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No, you can’t make staff divulge their meds

July 19, 2018
The EEOC has filed a lawsuit against a Texas employer that requires all its employees to report every medication they take, both prescription and over-the-counter drugs.
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