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Employment Law

Prepare to prove firing wasn’t retaliation

10/12/2016
If an employee complained about a supervisor’s actions, make sure the supervisor can’t manipulate the disciplinary process to punish the worker.

Beware close timing between FMLA and firing

10/12/2016
Use caution when terminating someone who is on FMLA leave or has just returned to work following FMLA leave. The timing alone might trigger a lawsuit.

EEOC doesn’t dig NYC excavation firm’s harassment

10/12/2016
The EEOC has sued the Laquila Group alleging it tolerated racial harassment of black employees and retaliated against at least one who complained.

Complaints against McDonald’s bring EEOC into joint-employer fight

10/12/2016
A new front has opened in the war to determine if McDonald’s, along with its franchisees, is liable as a joint employer for employment law violations.

3rd Circuit: ‘Donning and doffing’ counts toward OT

10/12/2016
Chemicals giant Dupont must pay overtime to workers whose workweek exceeds 40 hours because of time spent putting on and taking off protective gear.

It’s time to update three workplace posters

10/12/2016
Regulators see workplace posters as vital, legal documents; and employers who fail to update them may face fines.

Zika preparedness: Consider employee safety and legal issues

10/07/2016
As temperatures in the Northeast cool and mosquitos disappear until spring, the Zika virus may no longer be on people’s minds, but it should remain on your radar.

Unless you’re a church, beware religious training

10/07/2016
Think twice before requiring workers to participate in religiously oriented training. It may violate Title VII of the Civil Rights Act.

Reviews ran behind schedule? That’s not enough to justify a lawsuit

10/07/2016
Some employees seem to think they are owed a workplace that is perfectly fair and equitable all the time. Sadly, perfection isn’t possible.

Employee alleges bias against customers? Treat it like every other discrimination complaint

10/07/2016
When an employee is disciplined or otherwise punished for complaining that her employer is discriminating against certain customers, she can sue—and quite possibly win a large financial award.