• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Use objective criteria—and beware subjective judgment calls—when deciding promotions

12/24/2009

Nothing speeds a disappointed job-seeker’s trip to court like a selection process based on an employer’s use of subjective criteria to make the hiring decision. That’s especially true if the biggest deciding factor is subjective, while objective factors receive lesser weight.

Internal wage-and-hour complaints don’t count as ‘testimony’ in FLSA retaliation cases

12/24/2009

The Fair Labor Standards Act includes a retaliation clause that bars employers from punishing employees who provide “testimony” in FLSA cases. That doesn’t mean, however, that employees who complain internally about wage-and-hour issues are automatically protected.

Drunken worker injured? Discipline right away

12/24/2009

Employees who come to work under the influence of alcohol are obvious safety risks. If workers are impaired, don’t hesitate to act promptly. Waiting until someone gets hurt could backfire badly. Courts may view the delay as suspicious and assume you’re fabricating a reason to fire the allegedly intoxicated worker.

Charlotte firm settles bias case filed by Muslim employee

12/24/2009

Charlotte-based Sunbelt Rentals has agreed to settle charges it discriminated against a Muslim worker at a store in Maryland. According to the complaint, Clinton Ingram endured ridicule, allegations he was a terrorist and harassment that included an anti-Islamic cartoon posted in the workplace.

Agreement with DOJ aims for a more accessible Wilmington

12/24/2009

The city of Wilmington has entered into an agreement with the U.S. Department of Justice (DOJ) to make the city more accessible to people with disabilities. Under the agreement, the city will make physical modifications to its government facilities so parking lots, routes into the buildings, entrances, public telephones, restrooms, service counters and drinking fountains are accessible to persons with disabilities.

Employee’s still out after 12 weeks of FMLA: Can we fire?

12/23/2009

Q. If an employee exhausts his 12 weeks of FMLA and still isn’t able to return to work, should we terminate his employment immediately?

Go ahead and grant ‘disability leave’— but don’t assume employee is disabled

12/23/2009

Employees sometimes assume that if their employer approves a request for disability leave, they must be disabled and are therefore entitled to reasonable accommodations when they return to work. That’s simply not the case. Many times, what’s called “disability leave” is really FMLA leave, based on the employee’s serious health condition. But those conditions are frequently temporary and wouldn’t qualify as a disability under the ADA.

Pregnancy Discrimination Act doesn’t cover child care woes

12/23/2009

The Pregnancy Discrimination Act (PDA) protects employees from discrimination based on pregnancy and related medical conditions. It doesn’t, however, let new mothers take off work when child care arrangements fall through, as the following case shows.

Grandparent quit to babysit? No unemployment comp

12/23/2009

Child care is expensive, and many parents eager to avoid high day-care costs ask their own parents to watch the kids. That’s great if it works out. But in Pennsylvania, grandma and grandpa can’t expect to collect unemployment benefits if they quit their jobs to take care of their grandchildren.

EEOC targets teen harassment; Ruby Tuesday pays $255,000

12/23/2009

The Ruby Tuesday casual dining chain has agreed to pay $255,000 to a group of teenage girls who worked at its East Stroudsburg restaurant after the EEOC filed a lawsuit accusing a manager there of sexual harassment.