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Employment Law

Remember the WARN Act when making reductions in force

09/09/2008
During difficult economic times, businesses consider various cost-cutting measures—and shrinking the company’s workforce often tops the list. But failing to give employees adequate notice of layoffs can quickly turn a cost-savings initiative into a significant liability …

Under what circumstances must we pay interns?

09/09/2008

Q. My company would like to hire several college students as interns to work on special projects. Because the work has educational value, we are wondering if the internships can be unpaid. Can we do this? …

Issues to consider before monitoring e-mail

09/09/2008

Q. If we suspect an employee is violating a company policy prohibiting harassment, can we monitor the employee’s e-mails? …

Use transparent promotion process to prevent lawsuits

09/08/2008
When it comes to promotions, the clearer and more transparent the selection process, the better. Employees who know exactly what it takes to be promoted—and who know how to put their hats in the ring—are less likely to suspect some form of discrimination when they aren’t selected. It’s especially important to avoid a process that’s too informal …

Accommodation can include FMLA leave to avoid OT

09/08/2008
Sometimes employers must require their employees to work overtime to meet production goals. That can be a problem if one of the workers has a disability that prevents him from working more than 40 hours per week. It’s perfectly legal to require that the employee use accumulated sick time and FMLA leave to avoid those overtime hours …

Investigate before disciplining harassment victim

09/08/2008

Sometimes, an HR internal investigation reveals that, although harassment occurred, it didn’t rise to the level of illegal harassment. Don’t let that finding lull you into ignoring the complaint—and certainly don’t allow anyone to punish the person who complained …

Check pay rates for employees who regularly swap work

09/08/2008
Employees who allege EPA violations must show that they receive lower pay than a comparable employee of the opposite sex. That comparable employee must perform substantially equal work in the same establishment as the employee charging discrimination. Under those terms, employees who switch workloads as needed and share supervision are probably comparable employees … 

Harassment complaint earns retaliation protection if complaint was made in good faith

09/08/2008
Many employees seem to believe that they can get job protection and immunity from reasonable discipline just by complaining to management about alleged harassment. But employees who make pests of themselves by reporting every comment they overhear or interaction they see aren’t automatically protected from retaliation …

Track discipline to ensure equal treatment for equal offenses, regardless of protected class

09/08/2008
Sometimes, it seems as if everyone belongs to some protected class, or a combination of classes. Since any disparate treatment for the same rule violation may trigger a discrimination lawsuit, HR should be prepared to show that no employee in any particular classification is singled out for more severe punishment. Given the number of possible combinations, that’s a difficult task …

Publix sexual harassment reporting policy holds up in court

09/08/2008
The Publix supermarket chain has won a partial victory in a sexual harassment case that spotlighted “nauseating” behavior by a store manager. The only bright spot for the grocer: The victim’s failure to properly report harassment means Publix may be liable only for retaliation …