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Employment Law

Mold at work spawns new class of workers’ comp claim

12/01/2009

For the first time in the United States, an employee has successfully won workers’ compensation benefits for mold exposure, even though the industry involved—a car dealership—normally has no greater exposure to mold than any other. Black mold exposure has caused tens of thousands of people to become sick—but most of those cases involve mold growing in people’s homes.

Family Dollar: 1 win, 1 loss in overtime litigation

12/01/2009

Discounts are scarce for retailer Family Dollar, which will begin paying out an estimated $35 million to employees it misclassified as exempt from overtime laws in Alabama. A similar case in North Carolina resulted in a Family Dollar victory.

Nursing home plays doctor, will pay for pregnancy bias

12/01/2009

Charlotte-based Lawyers Glen retirement home has agreed to pay $20,000 to settle a pregnancy discrimination complaint brought by one of its nursing aides. When Ashley Wilhelm told her supervisor she was pregnant, she soon found herself working fewer hours. The reduction continued throughout her pregnancy, even though her physician certified she could work full time up until she gave birth.

Must we pay for steel-toed protective boots?

12/01/2009

Q. Most of our employees wear safety steel-toed boots. One of our employees said his boots are worn out and we are required to reimburse him when he buys a new pair. Is that correct?

If employees leave because of bad weather, must we pay them for a whole day’s work?

12/01/2009

Q. Do we have to pay our employees for a full day’s work when they leave early due to bad weather?

Can we take away accrued vacation leave?

12/01/2009

Q. Some of our employees have accrued large amounts of vacation pay because they have worked here for many years. Can we strip this vacation pay at the end of the year?

With DOL on the prowl, it’s time to check your OT practices

12/01/2009

The U.S. Department of Labor’s Wage and Hour Division is preparing to crack down on employers that stiff workers out of overtime pay—and now it’s hired extra staff to find and punish employers that break the law. As enforcement gears up, we’ve got resources you can use to make sure you’re in compliance.

Document employee response to negligent work

12/01/2009

If you employ licensed professionals such as nurses or pharmacists, the time may come when you have to report shoddy practices or ethical lapses to the Ohio board that issues and maintains their licenses. To avoid a lawsuit over whether your report was malicious and therefore not covered by an employer privilege, carefully document the acts and behavior that you believe are negligent or unprofessional. Be sure to let the employee respond to your concern.

Psst! Heard the good news? You’re not liable for gossip

12/01/2009

A court has ruled that an employer isn’t liable for defamation when employees discuss what may or may not have led to disciplinary action.

Don’t sweat perfection when investigative honesty is enough

12/01/2009

Employers often agonize over whether their workplace investigations are thorough enough. They worry that they somehow have to ascertain the absolute truth and can’t make any mistakes. Relax. As long as your investigation is reasonable, courts won’t interfere—even if your conclusions were wrong.