Language doesn’t create protected class

March 9, 2016
An employee who claimed he was singled out and discriminated against because he did not speak a particular language has lost his discrimination case.
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Beware giving promotions without pay raises

February 29, 2016
Have some of your employees been promoted without getting raises? That could be dangerous if those workers can show that other employees outside their protected class did get higher pay.
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Do raised voices raise legal concerns?

February 28, 2016
Q: “I need a legal perspective when it comes to yelling at subordinates. What laws, if any, allow someone in management to raise their voice out of frustration? How do courts view a subordinate’s actions when they raise their voice back in response? Can it be used as grounds for discipline, i.e. writing someone up for verbally attacking a manager, or unprofessional conduct by subordinate? Last but not least, what about a subordinate who has suffered prior verbal abuse (mental trauma) during childhood or thereafter, and made comments alleging this?” – Anonymous, Virginia
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Discrimination claims rise in 2015, disability cases see biggest jump

February 20, 2016
The EEOC handled 89,385 charges of workplace discrimination in fiscal year 2015.
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Your new litigation danger: Conspiracy charges against rogue managers

February 12, 2016

If managers somehow collude to discriminate against an employee, that may be grounds for a conspiracy lawsuit. It happened in a recent case.

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New EEOC guidance would redefine retaliation

February 11, 2016

The EEOC has issued a proposed revision to its guidance on workplace retaliation—the first since 1998—that could radically change how enforcement authorities and courts define retaliation and its causes.

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Employment Law Q&A: February ’16

February 11, 2016
How to handle nosy co-workers, political buttons.
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Can you rein in political speech at work?

February 2, 2016
Most employers would prefer employees focus on work and not the state of the world when they are on the clock. So how can you quell political arguments in the workplace? You must balance employees’ interest in speaking freely with your interest in maintaining order and productivity:
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Final OT rule due in July, effective 60 days later

February 1, 2016
If you’ve put off planning for the big overtime law changes, it’s time to take action. The final version of the DOL’s revisions to the white-collar exemption rules will be released in July.
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Can you terminate for off-the-clock activities?

January 21, 2016
When can you legally terminate a worker for what he or she does on their own time? The answer is an unsatisfying, “It depends.”
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