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Employment Law

Retaliation claim can stick even if bias claim fails

07/19/2019
One of the worst mistakes an employer can make is to punish a worker for a baseless discrimination complaint. Retaliating may give that worker a winning lawsuit claim even if the original discrimination case had no chance.

Warn managers: Snide remarks, dismissive comments could trigger a lawsuit

07/19/2019
Sometimes, a manager who doesn’t like an employee will find a way to lash out while staying within the letter of anti-discrimination laws. Example: Refusing to address an employee by name, but instead using a dismissive term, can be a big mistake.

Court rejects request to add novel claim

07/19/2019
Good news at a time when employees are finding more ways to sue: A federal court has rejected a novel claim that could have spelled trouble for employers.

Timely documentation: Your best legal defense

07/18/2019
What’s the best thing employers can do to win more lawsuits? Document every workplace decision contemporaneously, at the time you make it.

DOL: Highly compensated employee explained

07/18/2019
A recent opinion letter interprets the Fair Labor Standards Act’s highly compensated employee exemption. The letter spells out exactly what an employer must show to claim the exemption, which currently only applies to workers earning a salary of at least $100,000 per year who perform nonmanual or office work.

ADA: Obesity isn’t a disability … or is it?

07/18/2019
More than one-third of American adults—some 72 million people—are obese, according to the Centers for Disease Control and Prevention. But generally, obesity alone does not qualify as a disability under the ADA. A recent federal appellate court decision agrees with that premise.

Warn bosses: No comments on worker health

07/16/2019
Supervisors sometimes say things that are clearly best left unsaid—such as fears that an employee’s protected characteristics or activities might cost the company money!

Acosta resignation depletes an already shallow DOL bench

07/16/2019
The resignation of Labor Secretary Alexander Acosta means only half of the Department of Labor’s 14 positions that require Senate confirmation are occupied nearly two-and-a-half years into the Trump administration.

Out with the old? In with a lawsuit

07/12/2019
The EEOC sued a Pennsylvania dental practice for age discrimination after it fired eight of its nine hygienists over age 40 and replaced them with 14 employees, 13 of whom were under age 40.

Poor review alone isn’t enough to win lawsuit

07/11/2019
Employees generally must show they suffered an adverse employment action before they can win a discrimination lawsuit. Merely receiving a poor evaluation, without other consequences, isn’t enough.