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Employment Law

Penalize the worst of the worst more harshly

07/13/2009

There’s good news if you use objective and measurable productivity and goal targets to determine whether employees will receive promotions and pay increases. You can distinguish between degrees of failure to meet those goals.

In Brookville, if you’re going commando, you’re going home

07/13/2009

The Brookville, Fla., City Council has approved a new dress code for municipal employees, requiring them to observe “strict personal hygiene,” including the use of deodorant. An “observable lack of undergarments” is explicitly forbidden.

Institute strict ‘no race talk’ policy to help minimize harassment claims

07/13/2009

For years, employers have grappled with what constitutes a hostile work environment and what does not. There’s a way to end pointless arguments about whether speech or conduct is racially offensive—and prevent potential problems down the line. Implement a policy that clearly bans race banter.

Beware unintended consequence of staff realignments: More retaliation suits

07/13/2009

Many employers are trying to do more with less these days, and that often means moving staff into new roles. Not every employee embraces that kind of change. Some might even see a transfer as some kind of retaliation, especially if they have recently complained about discrimination. Fortunately, courts seldom consider reassignments as adverse employment actions.

The easiest way to win discrimination cases: Prove you treat everyone equally

07/13/2009

Employees who sue current or past employers have the burden of proving that discrimination took place. But that doesn’t mean employers should sit back and wait for employees to fail in court. In fact, you should always be ready to prove that you treated everyone equally.

Fire with caution if employee has just asked for FMLA leave

07/13/2009

Employees who know they are in trouble often try to protect themselves by asking for FMLA leave. That tactic might work only if the employee can show he was eligible for it.

Cover retaliation in all supervisory training

07/13/2009

Punishing an employee for complaining about discrimination is retaliation even if it turns out that whatever the employee was complaining about wasn’t discrimination. That’s why you should include information on avoiding any form of retaliation in all your training programs.

Crom companies head to court to defend harassment charges

07/13/2009

The EEOC has filed charges against Crom Corp. and Crom Equipment Rentals, two Gainesville construction companies, for firing a black worker after he complained of racial harassment following an alleged series of disturbing events.

OSHA clears Choate in Jacksonville garage collapse

07/13/2009

The U.S. Occupational Safety and Health Administration has concluded its investigation into the December 2007 collapse of the Berkman Plaza II parking garage and found Atlanta-based Choate Construction not to have been at fault.

Texas employers: Expect spike in unemployment taxes in ’10

07/08/2009

Texas Workforce Commission Chairman Tom Pauken of Dallas recently announced that Texas employers should expect their unemployment insurance taxes to rise significantly next year. Pauken said the increase in layoffs is close to exhausting a state trust fund.