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Employment Law

Changes coming to the FMLA—For better and for worse

04/01/2008
After remaining untouched for its first 15 years, the FMLA has received a makeover in the past couple of months—first by Congress, and then by regulators at the U.S. Labor Department. Here are the highlights …

Age discrimination is hard to prove—But retaliation isn’t

04/01/2008
One of the hardest discrimination claims for employees to prove is age discrimination under the Age Discrimination in Employment Act (ADEA). Retaliation is a much easier case to make. All the employee has to prove is that he complained about discrimination and was punished for doing so …

When serial harasser strikes, you can’t just move victims

04/01/2008
Do you have a serial harasser on your hands? Has the finger been pointed at the same individual more than once? If so, don’t try to weasel your way out of a confrontation by simply separating the harasser from the harassed. You may get away with it once, but you’re courting trouble (and a potentially big lawsuit) if you try it again …

Monitor to make sure harassment really has stopped

04/01/2008
It sometimes happens: Production floor or other entry-level employees lacking a—shall we say—sophisticated outlook on life go a little too far. Perhaps they play a practical joke that is offensive to a co-worker. Someone complains, and HR investigates. The culprits apologize, and everything settles down. Is the organization in the clear? …

Firing shortly after follow-up FMLA care may be retaliation

04/01/2008
As more time passes after an employee takes FMLA leave, courts grow less and less likely to link an adverse employment action to taking leave. That means employees have a harder and harder time proving that being fired, for example, was retaliation for exercising their FMLA leave rights. But be careful …

Personal dislike not enough to win discrimination lawsuit

04/01/2008
We’re all different, and personality conflicts are a fact of life. But even if some supervisors and subordinates may not be on the best of terms, minor slights and unfair treatment aren’t enough for a discrimination lawsuit …

Stick to the facts when firing employee who complained of discrimination

04/01/2008
Employers say the darnedest things at the wrong time. Take, for example, a termination meeting. This is not the time to be defensive and anticipate the employee’s discrimination charges. Instead, stick with the hard facts: why the company has decided that termination is necessary …

CHR crude, lewd—But not discriminatory

04/01/2008
Julie Gallagher joined the Cleveland office of logistics company C.H. Robinson Worldwide (CHR) as a sales rep. She quit four months later in disgust over what she described as “a guys’ locker room” atmosphere. Gallagher sued, alleging the environment was hostile toward women, but the court ruled against her …

Labor Dept. proposes extensive revisions to FMLA regulations

04/01/2008
The U.S Labor Department has announced proposed revisions to the FMLA regulations.  And the National Defense Authorization Act for FY 2008 amended the FMLA to provide leave for eligible employees to care for injured service members and to deal with any “qualifying exigency” arising out of the fact that a covered family member is on active duty or has been notified of an impending call to active duty …

Advice, please: How should we implement our first severance pay packages?

04/01/2008
Q. Due to economic conditions, we are planning to let go three employees from our 30-person work force. We are planning to provide these employees with four weeks’ pay if they sign a release of all claims. We have never provided severance pay before and have no policies governing the practice. What advice can you give us? …