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Employment Law

Beware small changes that could be retaliation

10/18/2017
Punishing a worker for using FMLA leave is illegal retaliation—and the punishment doesn’t have to be something big like termination. Even seemingly minor acts can qualify as retaliation if they would dissuade a reasonable worker from using FMLA leave in the first place.

Rutledge nominated to head DOL branch that regulates benefits

10/17/2017
President Trump has nominated Preston Rutledge to run the Department of Labor’s Employee Benefits Security Administration, a position that carries the title of “assistant secretary of labor.”

Poll: Who’s looking out for the men at work?

10/17/2017
A new survey by the Ernst & Young consulting firm found that 32% of men in general feel excluded in the workplace.

Snapshot: More women than men consider gender bias in tech a problem

10/17/2017
Women are substantially more likely than men to say gender discrimination is a major problem in the technology industry.

Staffing agency can’t step in to protect employee’s civil rights

10/17/2017
When it comes to Title VII discrimination, an employer can’t sue another organization on an employee’s behalf. That’s up to either the individual worker or a government agency like the EEOC, which has standing to pursue such cases for workers.

After Minnesota Supreme Court ruling, new rules for whistleblowers

10/16/2017
A unanimous Minnesota Supreme Court decision has made it considerably easier for workers to file—and win—whistleblower lawsuits under the Minnesota Whistleblower Act.

Be alert for positive drug test results caused by meds used to treat disabilities

10/16/2017
Do you perform drug tests on employees suspected of being under the influence of intoxicants or illicit drugs? Be aware that some positive test results may be due to legal prescription drugs required for the treatment of disabilities.

Fixing harassment? Let complainer know

10/16/2017
When responding to a harassment complaint, be sure to let the worker who complained know what steps you are taking. Acting behind the scenes while telling your employee to “deal with it” himself is one of the worst things you can do. That’s courting a retaliation lawsuit.

Penn grad student unionizing effort gets complicated

10/13/2017
GET-UP, an organization allied with the American Federation of Teachers union, has been attempting to organize graduate student teaching assistants at the University of Pennsylvania. Independently of the university, grad students opposed to unionization formed a group called No Penn Union.

Make sure your good records are dated, too

10/12/2017
When it comes to litigation, employers that keep meticulous performance records and can pinpoint exactly when they made important employment decisions typically fare better than those who keep sloppy records.