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Employment Law

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.

Not every illness constitutes a disability

10/15/2019
Fortunately, not every medical malady is a disability under the ADA. Workers must prove their condition substantially limits a major life activity.

Endless time off? Indefinite leave not considered a reasonable accommodation

10/15/2019
Employers don’t have to provide any additional leave to workers who can’t give at least a tentative return date.

Resist assuming that employee’s disability might cause a safety hazard

10/15/2019
Challenging a disabled employee’s capacity for work can backfire badly, especially if it looks as if the decision to challenge was really based on disability discrimination and harassment.

Nepotism isn’t necessarily discriminatory

10/15/2019
Justified or not, unsuccessful candidates without an inside track may feel as if they were cheated because they weren’t related to someone with influence, who could pull strings to help them. That disappointment won’t necessarily mean they will be able to turn charges of blatant nepotism into a Title VII discrimination case.

Snapshot: Who leads efforts to address pay inequality?

10/15/2019
CEOs and other senior executives lend credibility to employer efforts to ensure women and minorities earn equal pay, but HR leads the day-to-day work.

A breakthrough for LGBT rights in High Court?

10/15/2019
Oct. 8 marked a historic day for the U.S. Supreme Court: The first time the nation’s highest court has heard oral arguments that could lead to rulings on whether discrimination on the basis of sexual orientation or gender identity equals sex discrimination under Title VII of the Civil Rights Act.

Whistleblowers protected by state and federal law

10/10/2019
Under the federal False Claims Act, employees who report alleged fraud in the spending of federal money are protected from retaliation for doing so. If a jury concludes the employer retaliated, the worker is entitled to back and front pay, plus other damages.

DOL proposes new rule on tipped workers’ pay

10/10/2019
Employees who rely on tips for most of their income might have to do more work for less than the minimum wage under a proposed rule issued Oct. 7 by the Department of Labor.

Play by overtime rules or be prepared to pay

10/10/2019
Don’t try to game the system by making workers clock out and keep working, failing to record extra time worked or suggesting that the extra hours constitute “volunteer” work.