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Employment Law

Come down hard on supervisors: No telling employees to drop discrimination complaints

08/04/2008
Want to know the easiest way to turn an almost-sure win in court into an almost-certain loss? Allow supervisors to tell employees they should drop an EEOC or other discrimination claim. The simple act of suggesting that a lawsuit isn’t in the employee’s best interest may amount to retaliation if the suggestions would dissuade a reasonable employee from complaining in the first place.

Bryan-Based MIWU sued for mismanagement of health fund

08/04/2008
The U.S. Department of Labor has sued an employer association, a health fund trustee and the fund’s consultant over allegedly imprudent management of the Manufacturing and Industrial Workers Union (MIWU) Benefit Fund of Bryan, Texas …

The Genetic Information Nondiscrimination Act finally becomes law

08/04/2008
President Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from using genetic tests or information to discriminate against applicants and employees …

Is time off for voting required? Paid?

08/04/2008
Q. Must an employer give employees time off to vote? If so, must we pay employees for the time they spend voting? …

Volunteer services and FLSA compliance

08/04/2008
Q. We are a for-profit health care facility licensed by the state of Texas. Can we use volunteers to perform services at our facility without compensation? For example,  the wife of one of our clients wants to volunteer her services in exchange for us waiving the daily-use fee we charge her husband. Are these volunteer services exempt from the wage-and-hour requirements of the Fair Labor Standards Act (FLSA)? … 

Tell managers: You must let disabled applicants prove merit

08/01/2008
Disability rights groups sometimes target specific employers to see whether they harbor latent disability discrimination tendencies. An advocate will call a prospective employer and inquire about an open position. The prospective employer can’t say no to an interview without risking a disability lawsuit. But agreeing to the interview is only the beginning …

Beware too much emphasis on candidate’s demeanor

08/01/2008
The more subjective factors you use to set one applicant apart from another, the more likely a court will challenge your decision-making. That’s because some judges and juries may see subjective judgments such as “aggressive” or “confrontational” as code for some form of discrimination …

Your attorney’s expertise is key to crafting severance agreements that stick

08/01/2008
Are you going to discharge an employee you suspect may sue for retaliation or discrimination? Then you probably have already considered softening the blow with a severance agreement. Sometimes money has a way of preventing expensive and time-consuming lawsuits …

Government employees can sue without first filing administrative complaints

08/01/2008
The Supreme Court of Ohio just made it easier for public employees to sue their employers. It ruled employees could go directly to court instead of pursuing administrative remedies first. That means less time and fewer opportunities for employers to resolve any discrimination complaints before they go to court …

You have to work hard to get this much bad press

08/01/2008
The Ohio Civil Rights Commission is investigating a possible abusive environment at Chrysler’s Toledo North Assembly Plant in light of 45 civil rights complaints made by workers there in just 18 months …