• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

To sue for FMLA interference, employee must ask for FMLA leave

10/24/2019
In order to claim an employer violated the FMLA by denying leave, the employee must have actually requested that leave. She doesn’t have to formally state, “I am requesting FMLA leave.” However, what she says must at least be understood as a request.

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.