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Employment Law

FMLA doesn’t prevent firing for poor performance

02/01/2017
Some employees think they can short-circuit discipline if they request FMLA leave or a reasonable accommodation. The assumption: Employers will back off for fear of being sued.

Misogyny alone may not support distress lawsuit

02/01/2017
Pennsylvania courts are willing to let workers recover damages resulting from intentional infliction of emotional distress. However, the conduct must be “extreme and outrageous.”

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.