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Employment Law

Take care when disciplining whistleblowers

01/10/2019
An employer must show it would have taken the same action against an employee even if he had not blown the whistle.

Court sends Browning-Ferris back to NLRB

01/10/2019
Employers have been seeking to overturn Browning-Ferris since the day it was issued, and had pinned their hopes on a legal challenge filed in March 2017. The Circuit Court of Appeals for the District of Columbia ruled on that lawsuit Dec. 28, and employers are … confused.

New Congress, old committee

01/08/2019
One of their first orders of business after House Democrats were sworn in on Jan. 3: renaming the House Committee on Education and the Workforce.

Fed contractor settles, was accused of hiring bias

01/07/2019
To settle allegations of systemic hiring discrimination, Coastal International Security, Inc. agreed to pay $409,947 in back wages, plus interest.

Alleged tip skimming prompts DOL lawsuit in Lansdowne, Pa.

01/07/2019
The U.S. Department of Labor has sued the owner of the Empire Diner & Restaurant in Lansdowne, Pennsylvania, after an investigation found willful violations of the federal minimum wage, overtime and recordkeeping provisions of the Fair Labor Standards Act.

Sometimes, delayed firing won’t stop retaliation claim

01/07/2019
Generally, when a worker claims he was fired for engaging in protected activity, the sooner after the protected activity the discharge occurred, the more likely a court will find that the firing was retaliation. But waiting to terminate doesn’t help if you still reference an earlier event.

Only man on the job? That doesn’t prove discrimination

01/07/2019
Being the only male among a group of female employees is not enough to win a sex discrimination lawsuit.

When employee complains about bias, always investigate before taking any adverse action

01/07/2019
Nothing will doom an employer’s case quite as fast as firing a worker right after she has filed an internal discrimination complaint that was ignored. That virtually guarantees the court will believe there might be some connection between the employee’s complaint and her firing.

No, Title VII doesn’t mention marital status, but it can be the basis of a bias claim

01/07/2019
Title VII does not specifically list marital status as the grounds for a sex discrimination lawsuit. But that doesn’t mean marriage cannot play a role in Title VII sex discrimination cases.

Tree service trimmed OT wages, now must pay up

01/07/2019
Sidelines Tree Service has agreed to settle U.S. Department of Labor Wage and Hour Division charges that it cheated employees out of overtime pay and violated the Fair Labor Stan­dards Act’s record-keeping requirements.