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Employment Law

Court: State institutions held immune from suits related to FMLA self-care provisions

02/01/2017
The 3rd Circuit Court of Appeals has ruled that under the Constitution’s 11th Amendment, a state-affiliated educational institution is immune from suit over the FMLA’s self-care provisions.

Beat retaliation suit by documenting misdeeds

02/01/2017
Make sure you can show you disciplined an employee because of her behavior, not her complaints.

Ignore sexual harassment? See you in court!

02/01/2017
Employers that don’t immediately address allegations of sexual harassment—and stop it—will have a hard time defending themselves in court.

Trump administration seeks 30-day delay for overtime rule appeal

01/31/2017
The Department of Justice is asking for more time to file briefs in a related 5th Circuit Court of Appeals case.

EEOC sues Walmart for firing employee with Down syndrome

01/31/2017
An EEOC lawsuit claims Walmart violated the ADA when it fired a longtime employee with Down syndrome after the woman had a hard time adjusting to a new schedule.

Acting chairs named to head EEOC, NLRB

01/31/2017
President Trump has named Victoria Lipnic to serve as acting chair of the EEOC and Phillip Miscimarra to serve as acting chair of the National Labor Relations Board.

Can we urge an employee to change her name?

01/30/2017
Q. With Valentine’s Day around the corner and love in the air, I think it would be an opportune time to convince our employee to take her husband’s last name.

Settlement in Central Valley, Calif. harassment, retaliation case

01/30/2017
South County Support Services and its sister company, Southwest Transportation Agency, have agreed to settle EEOC sexual harassment and retaliation charges leveled by a former employee.

Carefully track exactly who applies for jobs

01/30/2017

If you advertise job openings and someone does not apply, they’re going to have a hard time proving that you discriminated against them.

Could you prove employee really signed agreement?

01/30/2017
If you use arbitration agreements to resolve workplace disputes, make sure you can prove that the employee actually agreed to the terms.