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Employment Law

Retail chain will pay $255,000 for racial harassment

12/05/2008

National Wholesale Liquidators will pay nine South Asian employees $255,000 for subjecting them to a hostile work environment based on their race, national origin and religion, as well as sexual harassment.

Bronco busting while drunk, suing once sober

12/05/2008

Rachel Love, erstwhile patron of Johnny Utah’s in Rockefeller Center, is suing the restaurant for allowing an inebriated individual (herself) to ride a mechanical bull, leading to injuries.

Help managers understand the Age Discrimination in Employment Act

12/05/2008

At first glance, the federal ADEA appears rather straightforward: It protects people age 40 and older from employment discrimination based on their age. But the law can affect just about anything managers do, from asking questions in job interviews to assigning job duties …

U.S. Supreme Court: 4 key employment cases could reshape HR

12/05/2008

During this term, the U.S. Supreme Court will consider employment cases concerning arbitration, pregnancy discrimination, protected activity and union fee use.

Ensure private info doesn’t become public

12/04/2008

You may not realize it, but your organization may be contributing to identity theft by failing to safeguard personal information such as employees’ names, addresses, birth dates and Social Security numbers. Any one of those breaches could violate the North Carolina Identity Theft Protection Act.

Bias charge threatened? Beware retaliation

12/04/2008

Employees are protected from retaliation for filing discrimination claims such as a complaint with the EEOC or the DOL. That protection starts as soon as the employee lets someone in authority at the company know he’s going to contact the agency.

Document absences, and excuses, too

12/04/2008

One of the best ways to win lawsuits at the earliest stages is to have ready a treasure trove of documents showing your decision about an employee was fair, impartial and reasonable. For example, for employees with absenteeism problems, document every absence.

Think lawsuit won’t materialize? Test theory on calendar

12/04/2008

If the EEOC decides not to pursue an employee’s discrimination case itself, it will issue a “Right to sue” letter. Employees then have up to 90 days to file a federal lawsuit. But before you dance a little jig on the 90th day, consider this …

You can apply rules more stringently to employees with greater responsibility

12/04/2008

Do you sometimes worry that every decision you make about an employee’s rule-breaking must be absolutely fair and that there is only black and white, but no gray? If so, rethink that idea.

Act quickly to fix safety violations

12/04/2008

Employers that take OSHA and state agency safety violations seriously probably won’t face additional legal troubles outside the workers’ compensation system if an employee is later hurt or killed. Ignore those reports, and employees can sue for unlimited damages …