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Employment Law

Clean up graffiti or risk harassment lawsuit

02/01/2003
For five years, Allen Beach was a marked man at Yellow Freight. Offensive graffiti with his name was scrawled on the walls of dozens of trucks. Some of the milder …

Offset bonus pay against weekly overtime with care

02/01/2003
Fabri-Centers gave workers several bonus payments above their base pay, including shift differentials, holiday pay and spot bonuses. But the company calculated employees’…

Bankrupt worker protected from bias, but only if he formally filed

02/01/2003
The U.S. Bankruptcy Code says it’s illegal for private companies to fire employees, or refuse to hire applicants, solely because they’ve filed for bankruptcy. But what …

Doing half a job is not a reasonable accommodation request

02/01/2003
After a construction worker injured his shoulder, had surgery and returned to work, he told his employer he didn’t have any disability that would prevent him from doing …

Don’t punish employees for participating in legal probes

02/01/2003
Kimberly Hill, a 10-year employee at the Kentucky Lottery Corp., testified at an unemployment compensation hearing on behalf of a co-worker who alleged discrimination. Soon …

Heads up: Workers can sue over ‘potty parity.’

02/01/2003
A manufacturing firm’s new plant had only one restroom, which was designed for men. Female workers were told they had to use that restroom during work hours, …

Undocumented workers can sue for retaliation under FLSA

02/01/2003
Macan Singh was recruited to work in the United States with a promise of a place to live, free tuition and eventual partnership in a business. When none of this materialized …

Monitor hiring process for subtle ‘name discrimination’

02/01/2003
Remind managers that it’s illegal to make hiring decisions based on a person’s race or ethnicity, even if that race is assumed because of the applicant’s name. A high-profile …

FLSA, FMLA enforcement reaches record highs

02/01/2003
If you thought the regulatory watchdogs would become lap dogs under the Bush administration, you were wrong. In fiscal 2002, the U.S. Labor Department collected $143 …

Supreme Court upholds pro-union fund-raising tactic

02/01/2003
In a victory for unions, the Supreme Court recently let stand a lower court ruling that said employees can be forced to pay mandatory dues for union organizing that occurs …