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Employment Law

Court losing patience with baseless lawsuits

05/02/2016
Increasingly, courts have been tossing out cases early on when it’s clear the former employee isn’t sure exactly what she thinks the employer did, but just assumes it was some sort of discrimination.

Discharge for racial slur upheld in Philadelphia’s ongoing Fox 29 lawsuit

05/02/2016
In a notorious case involving a Philadelphia TV station, a reporter who used a racial slur during an editorial meeting has lost his bid to overturn a jury’s decision that his firing was not racially based.

Company activities heavy on religious content? Better pray you don’t wind up in court

05/02/2016
Evangelical fervor can cause legal trouble if an employer requires employees to participate in religious practices or activities as a condition of continued employment.

PO’d telemarketers get relief on bathroom breaks

05/02/2016
A telemarketing company will have to pay $1.75 million to 6,000 employees after a federal judge ruled the company’s policy of making employees clock out to go to the bathroom violated the Fair Labor Standards Act.

Disability: It’s never a joking matter

05/02/2016
Supervisors must understand that they have a responsibility to stop harassment immediately and take steps to prevent it from recurring.

Halting internal probe pending EEOC action isn’t retaliation

04/28/2016
Employees who simultaneously file an EEOC charge and an internal complaint usually can’t win a retaliation claim just because their internal complaint was put on hold pending the outcome of the EEOC claim.

No free speech protection when speaking out is just part of government worker’s job

04/28/2016
Unlike employees in the private sector, government workers have the right to speak out on matters of public importance without being punished for doing so.

Prove good faith on ADA accommodations by tracking response to offers

04/28/2016
Be sure to track employee accommodation offer responses to show lack of cooperation.

Intra- or interstate? It matters for OT suit

04/28/2016
Drivers who deliver merchandise via interstate commerce aren’t covered by the Fair Labor Standards Act, but by the Motor Carrier Act.

Favoritism may be defensible, still a bad idea

04/28/2016
A manager playing favorites does not automatically mean a lost lawsuit, but it can still be problematic.