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Employment Law

Manager’s ageist comment isn’t necessarily a kiss of death in court

12/06/2016
It happens with disheartening frequency: A manager makes a stupid comment about an employee’s age that—in an HR pro’s worst nightmare—could lead to a nasty lawsuit.

Reporting racial slurs is protected activity

12/06/2016
A worker reporting that a supervisor used a racially charged slur is protected from retaliation.

Think twice before firing complainer

12/06/2016
If you have a worker who has complained about some form of discrimination, think twice before you terminate her.

Court decides ‘weird’ is a gender-neutral insult

12/06/2016
Viewing someone as “weird” or unusual isn’t discriminatory if, in context, the label could apply to either sex.

Obama’s DOL going out in wage-and-hour blaze of glory

12/06/2016
In just one week, the Department of Labor secured judgments or negotiated settlements worth $2.2 million.

Obama administration appeals overtime injunction

12/06/2016
The Obama administration is undertaking a long-shot effort to revive new overtime rules that appear to be on life-support.

Absolute proof not required, just good faith

12/01/2016
As long as you conduct a fair and impartial investigation aimed at getting to the truth, courts don’t demand that you get every fact right.

N.Y. labor law updates: State salary threshold, fantasy sports

11/29/2016
New York employers could be facing higher salary thresholds for exempt workers. They are also confronting a new workplace challenge: the distraction of legal fantasy sports betting.

Treat cases independently when employee being disciplined files complaint of her own

11/29/2016
Sometimes, an employee facing discipline will fight back with allegations of her own. Handle those allegations separately from any pending disciplinary action, and be sure to carefully document each step of both processes.

Attorneys advise go-slow approach after overtime rules injunction

11/29/2016
With the new overtime rules now blocked, what might happen next?