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Employment Law

Settlement offer? Track other side’s response

06/07/2018
When an employee files an EEOC complaint or otherwise indicates that a lawsuit may be coming, it sometimes makes sense to settle out of court. If you decide to go that route, make careful notes on every step in the process.

Wedding cake ruling didn’t OK anti-gay bias

06/07/2018
The U.S. Supreme Court’s June 4 decision in favor of a Colorado baker who refused to make a wedding cake for a same-sex couple was not a signal to employers that it is acceptable to discriminate on the basis of sexual orientation.

Promote diversity without violating discrimination laws

06/07/2018
Workplace diversity initiatives can benefit employers and employees alike, but they can also present a challenging dynamic for employers.

Battery maker charged with pay violations

06/07/2018
Eastern Penn Manufacturing Co. in Lyon Station, Pa., faces a lawsuit after investigators from the U.S. Department of Labor’s Wage and Hour Division found the company failed to pay workers for the time they spent putting on and taking off protective clothing and time spent showering before they checked out.

Too small for FMLA to apply? Don’t count on it

06/07/2018
Employers don’t have to comply with the FMLA unless they employ 50 or more employees. However, they can’t escape being covered by creating smaller, wholly owned enterprises.

Stress doesn’t invalidate employee signature on waiver

06/07/2018
Terminated employees often receive a severance payment in exchange for waiving the right to sue. Employees considering such an offer may feel stressed out, considering they are about to be fired. Their stress won’t invalidate an otherwise fair waiver.

Animosity isn’t always evidence of bias

06/07/2018
Supervisors may harbor deep animosity towards a particular worker. But unless that animosity is based on a protected characteristic such as race, sex or age, it remains merely unfair, not a case of discrimination.

Explain different discipline for same offense

06/06/2018
If an employee can show that a worker who received more favorable treatment didn’t belong to the same protected classification, he has a potentially viable lawsuit. This is where details matter.

NLRB: Withholding Disney bonuses wasn’t an unfair labor practice

06/05/2018
The NLRB has ruled that Walt Disney World in Florida did not violate the National Labor Relations Act when it withheld $1,000 bonuses from union members unless they ratified a new union contract.

In #MeToo era, accused harassers may seek injunctions to stop internal investigations

06/05/2018
Sexual harassment claims are on the rise, in the wake of the #MeToo social media movement. Some alleged harassers are fighting back, arguing that the accusations do irreparable harm to their reputations. And they’re not just threatening to file lawsuits.