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Employment Law

Technicalities not the best bet to win FLSA lawsuits

06/14/2020
Employers can try to cite technicalities to get out of wage-and-hour liability, but they may run into trouble when they go up against real nit-picking experts: the federal government.

You, not employee, choose accommodation

06/11/2020
Some disabled employees couch their ideas about the accommodations they want as demands, not suggestions. That’s when it pays to remember: The employer, not the employee, gets to choose the reasonable accommodation.

Most think workplace racism is a problem—elsewhere

06/11/2020
Three-quarters of American workers (76%) think racism and discrimination is an issue at workplaces in the U.S., but only 44% think it’s an issue at their own workplace, according to a new survey by Clutch, a service that matches B2B suppliers and clients.

Texas firm pays to settle discrimination charges

06/04/2020
A Texas company has paid a seven-figure sum to settle an EEOC lawsuit that accused managers of “pervasive use of racial slurs” and “circulating racist social media posts.”

Always review supervisors’ firing recommendations

06/04/2020
HR should insist on reviewing every discharge decision before it is carried out. Thoroughly analyze past discipline to ensure consistency and fairness. It’s the best way to prevent a biased manager from triggering a losing lawsuit.

You make the FMLA ‘healthcare provider’ call

06/04/2020
When an employee wants FMLA leave, you don’t have to take her word for it that she has a serious health condition. You may insist on a certification that she is undergoing “continuing treatment by a health care provider.”

NLRB OKs limited bans on cell phones at work

06/04/2020
The National Labor Relations Board has upheld an employer policy requiring employees to stow personal cell phones in lockers because safety concerns on the factory floor outweigh the “relatively slight risk” that the policy would interfere with employees’ right to engage in activity protected by the National Labor Relations Act.

Remote workers hitting social media: Be alert

06/01/2020
With the current pandemic forcing so many employees to work at home, and to otherwise spend much more time there than normal, it’s understandable they’re turning to social media as an outlet for their emotions and frustrations. It’s an especially delicate time for employers to attempt to govern what their staff should or should not say online.

Offer easy accommodations … or settle for $3.3 million

05/28/2020
When in doubt about how to handle an ADA request, sometimes the best bet is to offer a temporary accommodation. Make sure the employee understands the accommodation is temporary and not an admission that he’s entitled to it. Then set a review date.

2 upcoming court decisions affect employers

05/28/2020
The 2019–2020 term of the U.S. Supreme Court ends June 29. Between now and then, big questions for employers and HR hang in the balance.