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Employment Law

Track every disciplinary action in detail

08/14/2019
Document all the details when you discipline or terminate. That way, you can review past discipline and compare it with currently proposed action. Similar conduct should result in similar punishment.

Overtime rule forwarded to White House for final review

08/13/2019
The Department of Labor sent its long-awaited white-collar overtime rule to the White House for a final review on Aug. 12. If enacted, the rule would raise the minimum overtime salary threshold by 50% from the current $23,660.

Choose best method to set FMLA calendar

08/09/2019
Employers can calculate the 12-week unpaid-leave entitlement by choosing one of four methods. Not choosing a method can prove dangerous, as a recent case shows.

Axed Goldman Sachs exec sues for anti-gay bias

08/07/2019
A former executive at Goldman Sachs has sued the investment banking giant, claiming he was fired in retaliation for reporting anti-gay discrimination.

Isolated comments don’t make hostile environment—yet

08/07/2019
A federal court has dismissed a hostile work environment lawsuit that was based on just a few isolated co-worker comments.

Court won’t allow anonymous sexual harassment suit

08/07/2019
A federal court has refused to let the alleged victim of workplace sexual harassment sue her former employer as “Jane Doe.”

Save all documents and notes relating to employee’s bias or harassment complaint

08/07/2019
Make it a standard practice to retain every written document concerning employee complaints. Make and keep notes on oral complaints and phone calls. Don’t delete parts of email chains. Save every memo and letter.

Follow up after discrimination complaint to ensure there’s no retaliation

08/07/2019
Don’t just assume you have fixed a discrimination and harassment problem that was uncovered when someone complained about a supervisor. Check back regularly with the employee who complained to make sure she isn’t experiencing retaliation.

Conduct self-audit to spot possible bias

08/07/2019
When you have only one member of a protected class on staff and she’s been rejected for several promotions or transfers, it may be time to audit your organization for possible discrimination. Don’t wait, or you could wind up facing a lawsuit.

Court: NY’s ban on mandatory arbitration of harassment claims violates federal law

08/07/2019
Last year, new legislation made it unlawful for employers to force employees to sign arbitration agreements covering for sexual harassment claims. Now a federal court considering such an agreement has concluded the law violates an existing federal law.