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Employment Law

Misclassification can result in double penalty

04/12/2017
Employers that erroneously classify an hourly employee as exempt can expect their mistake to be a costly one. Not only will they have to pay two years’ worth of back overtime, but they’ll probably have to pay double that amount as a penalty for not getting the classification right.

Retirement after FMLA isn’t accommodation

04/12/2017
What happens if an employee wants to retire at the end of leave? That makes a request for more leave unreasonable, according to a recent decision.

High school coach’s suit alleges bias in Beaumont, Texas

04/12/2017
A former teacher and multi-sport coach claims a former principal and assistant superintendent discriminated against him and persistently sought his resignation.

Acosta must wait for confirmation

04/12/2017
The Senate adjourned for its two-week April recess without confirming Alexander Acosta as Secretary of Labor.

Details emerge on DOL budget cuts

04/12/2017
The White House has sent Senate appropriators a spreadsheet detailing Department of Labor 2018 funding it plans to request.

Employee must give accommodation a chance

04/08/2017
The employee can’t just quit and then expect to receive unemployment compensation benefits.

What the new administration could mean for OSHA enforcement

04/06/2017
While there is talk of eliminating certain agencies, it is not likely that OSHA will be on the chopping block. However, less regulation is likely.

Philadelphia settles ADA failure-to-accommodate suit

04/06/2017
The EEOC and the city of Philadelphia have reached a settlement concerning a disabled city sanitation worker.

Harassment charge triggers Philly charter school audit

04/06/2017
Aspira, a company that operates five Philadelphia charter schools, faces an inquiry from Pennsylvania’s Auditor General after it paid $350,000 to settle sexual harassment charges against its CEO.

Don’t let comments about FMLA compromise firing

04/06/2017
If a supervisor has previously made snide remarks about an employee’s use of FMLA leave, make sure he isn’t involved in any subsequent disciplinary action against the employee.