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Employment Law

EEOC sues over strip searches at Winder restaurant

04/01/2008
The EEOC has filed a lawsuit on behalf of three black employees who say they were strip-searched at a Krystal restaurant in Winder after $100 disappeared from a white employee’s cash register. The lawsuit alleges a male worker was allegedly ordered to remove all his clothing in the back of the store …

Seniority puts Delta, Northwest airline merger in holding pattern

04/01/2008
A potential merger of Delta and Northwest airlines is on hold while pilots try to work out a seniority agreement. The proposed merger is complicated by the fact that Atlanta-based Delta has a younger work force than Northwest, which is based in Eagan, Minn. …

How one rude employee can spark a disability lawsuit

04/01/2008
Employees can get frustrated. Sometimes, they even act rudely. But a new ruling highlights a legal risk you may not have thought about: An employee’s rude treatment can quickly turn into an ADA lawsuit if the customer is disabled …

The EEOC’s new initiatives for 2008: All talk … or a real threat?

04/01/2008
In recent months, the EEOC has made a lot of noise about new initiatives to combat workplace discrimination. Three of the most prominent include (1) the E-RACE Initiative, (2) employment testing and (3) protections for caregivers … 

How to assign FMLA leave to a reluctant employee

04/01/2008
Q. What happens if an employee takes sick or vacation leave and we want to run out his FMLA leave? We think he has a qualifying condition, but he won’t get medical certification because he doesn’t want the time used for FMLA. — R.W.D., Georgia …

Handling a disability claim: step by step

04/01/2008
Q. We recently terminated an employee who couldn’t get his work done on time (and basically couldn’t sit still). He had told his supervisor before that he had attention-deficit hyperactivity disorder (ADHD), but that wasn’t taken into consideration. Now he’s threatening to sue. Are we at risk, and should we settle? — A.L., Connecticut …

No personal liability in FEHA retaliation cases

04/01/2008
The California Supreme Court has ruled that managers and supervisors shouldn’t be held personally responsible when an employee wins a retaliation claim under the California Fair Employment and Housing Act …

Encourage civility, but don’t sweat every little slight

04/01/2008
Minor annoyances, favoritism or other unfair treatment in the workplace aren’t enough to sustain a discrimination lawsuit. As the following case shows, employees have to be able to tolerate some uncomfortable moments without resorting to the legal system for relief …

Never manipulate time sheets to falsely show hours worked

04/01/2008
The Fair Labor Standards Act (FLSA) and the California Labor Code both require employers to keep meticulous records to prove employees are properly compensated. Paper records such as time sheets and pay stubs must accurately show what hours employees actually worked and the pay they earned. Violate those rules at your peril! …

Make sure everyone knows to process legal docs ASAP

04/01/2008
Nothing will get an organization in hot water faster than ignoring legal paperwork. Missed deadlines may mean a default judgment, with the tardy employer missing any chance to defend itself in court. That’s why it’s absolutely crucial to have a clear process for handling any incoming legal documents …