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Employment Law

Ensure internal records specifically support your decision to discipline or terminate

10/24/2019
If you must fire someone who has taken FMLA leave, be specific about the reasons when recommending discharge.

51 years old: The age discrimination tipping point

10/24/2019
American workers who are over age 40 say that 51 years old is the age at which Americans are most likely to experience age discrimination in the workplace, says a new survey of 400 people by Hiscox, an international insurance firm.

Don’t keep shopping for better doc opinions

10/24/2019
If two independent medical opinions say that an employee is healthy enough to return to work, don’t go chasing a third opinion. Courts frown on medical-opinion shopping and could see your actions as discriminatory.

Broad arbitration pacts offer most legal protection

10/24/2019
If you choose to use an arbitration agreement to settle workplace disputes, it may pay to make it as broad as possible.

Federal jury: Walmart must pay $5.2 million for ADA violation

10/22/2019
The EEOC won a major victory in federal court Oct. 11 when a jury awarded $5.2 million to a long-time Walmart employee who was suddenly denied an ADA accommodation that had been working for years.

Prepare for OSHA visit when labor is unhappy

10/21/2019
Pay extra attention to safety when your company is going through labor unrest. Federal safety inspections tend to rise when employers are facing a strike, claims of unfair labor practices, union organizing or other labor problems.

$5 million settlement in Intel pay discrimination case

10/21/2019
Computer chip-maker Intel will pay $5 million to settle federal charges of systemic pay discrimination against female, black and Hispanic employees at facilities in Arizona, California and Oregon.

You’ll pay if dress code incites harassment

10/21/2019
If you are in the restaurant or entertainment industry and require employees to wear revealing outfits at work, prepare for an unfortunate if entirely predictable consequence: Customers may harass your workers.

Brownsville, Texas eateries serve up $78,000 for pay violations

10/15/2019
Three Brownsville, Texas restaurants will pay 25 workers $78,440 in back wages and penalties following a U.S. Department of Labor investigation.

Your best legal strategy: Document poor performance

10/15/2019
When employers document poor performance and keep clear records with detailed information, they seldom lose a surprise lawsuit over allegedly biased decision-making.