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Employment Law

Tough economy no excuse for pay bias

05/17/2017
The 8th Circuit Court of Appeals has ruled that an economic downturn cannot be used as an excuse to justify continuing unequal pay under the Equal Pay Act.

EEOC weighs in: Most sexual harassment training doesn’t work

05/16/2017
The EEOC receives over 30,000 harassment complaints each year, and that may just be the tip of the iceberg. One EEOC-com­­missioned survey found that three out of four employees who experience harassment never complain through their employer’s established channels.

The O’Reilly Factor: Claw backs and the ‘faithless servant’

05/16/2017
In the world of controversial show host Bill O’Reilly, personal responsibility has given way to excuses and coddling, prompting the question: Where is good, old-fashioned comeuppance when it is needed? In O’Reilly’s case, we now have an answer to that question.

Gay employee can claim bias based on gender stereotyping

05/16/2017
Courts are currently working out whether discrimination on the basis of sexual orientation is sex discrimination under Title VII. However, that’s not the only way to challenge anti-gay bias.

Keep accurate pay records–or prepare for court to take employee’s word for it

05/16/2017
If you fail to keep tabs and the worker sues, it’s generally his word against yours as to how many hours per day and per week the employee worked. That can result in a big back-pay bill, especially if the court doubles the damages as permitted under both federal and state law.

Ensure employee receives notice that FMLA leave is about to expire

05/16/2017
What happens if the employer fails to notify the employee? She may win an FMLA interference lawsuit if she can prove that, had she known, she would have returned to work and could have performed her job.

OK to make some job changes during FMLA

05/16/2017
Ordinarily, an employee taking FMLA leave is entitled to return to the same job or one that’s substantially equivalent. But what if the employee’s job changed while the employee was out on FMLA leave?

Forbid reinstatement when settling lawsuits

05/16/2017
Be sure to consider all the ramifications of settling an employee’s discrimination lawsuit, especially if the settlement includes reinstatement. An employee who comes back to work for you could turn right around and sue you again if he believed you are continuing to discriminate.

NLRB soon to tilt Republican

05/16/2017
The FBI is running background checks on two potential Trump administration nominees to fill two vacant seats on the National Labor Relations Board.

State, local compliance vexes employers most

05/16/2017
While policy changes in Washington will eventually affect workplace practices, employers’ most difficult current challenges are being driven by state and local regulations, according to a new Littler Mendelson survey of HR professionals, in-house attorneys and senior executives.