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Employment Law

Prepping for work: How much time do you have to pay for?

04/21/2008
Perhaps no other aspect of the Fair Labor Standards Act (FLSA) is more confusing than the so-called “donning and doffing” provisions. Exactly what preliminary preparation before work and cleanup after work should be included in paid time? Fortunately, a recent case helps clarify that employers don’t need to pay workers for many preliminary and post-work activities …

FMLA entitles you to request proof worker’s parent has serious health condition

04/21/2008
Do you routinely accept employees’ claims they need FMLA time off to care for an elderly parent? If so, consider a new policy. While it may be easier to approve leave than to challenge it, blanket approvals may prove costly in the long run as more and more “sandwich generation” employees find themselves having to care for both their children and their elderly parents …

Good faith is the key to litigation-Proof employment decisions

04/21/2008
Employment decisions don’t have to be perfect—they just have to be based on good faith. That’s good news because it’s a fact that supervisors and managers will make mistakes. What that means: Just because an employee can prove management did something wrong doesn’t guarantee she will win a lawsuit …

Home Depot beats harassment, retaliation charges

04/21/2008
A federal judge in Alabama has dismissed most of the sexual harassment and retaliation charges filed by two former employees against The Home Depot Inc. David Corbitt and Alexander Raya, both long-term employees of the Atlanta-based retailer who rose to store manager positions, alleged that regional HR Manager Leonard Cavaluzzi sexually harassed them in 2005 …

Rep. Lewis, Capitol Hill staffer settle discrimination suit

04/21/2008
U.S. Rep. John Lewis, of Georgia’s 5th Congressional District, has settled a discrimination lawsuit filed by a former employee who claimed she was passed over for a promotion because she is a black woman …

Employer may be liable when employee attacks

04/18/2008
Sometimes an employee gets into an argument with a customer, and what began as a war of words turns into actual violence. When that happens, the employer may be on the hook for damages. Under the right conditions—or more precisely, the wrong ones—the employer may be liable for physical altercations its employee may engage in while working …

Association discrimination covers friends, not just family

04/18/2008
California law and the ADA protect just about anyone who “associates” with a disabled person from discrimination. It doesn’t have to be a child, spouse or blood relative. The California Fair Employment and Housing Act and the Unruh Act both protect those who count disabled persons as friends …

Lack of female supervisors a red flag for discrimination

04/18/2008
Have you taken a good look at who fills supervisory roles at your workplace? If not, you should. Having very few female supervisors may spell trouble. Having none is like carrying a sign that reads, “Sue me now!” Employees suing for sex discrimination could point to the lack of female supervisors as evidence supporting their claims …

Warn managers: They may be personally liable for discrimination

04/18/2008
If you have trouble persuading managers that they cannot discriminate or harass, here’s ammunition. Tell them that if they participate in any form of discrimination or harassment, it’s their assets on the line. An employee can sue them directly, and they may have to pay damages out of their own bank accounts …

When the lawsuit is frivolous, employee may have to pay employer’s attorneys’ fees

04/18/2008
Here’s some good news from the litigation front. In some cases, employees who file frivolous discrimination lawsuits may actually end up reaching into their own wallets—to pay their employers’ legal fees …