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Employment Law

In harassment cases, treat all offenders alike

12/14/2015
You need a clear process for handling harassment complaints, following the same procedures for every accused harasser. Otherwise, you could end up facing a discrimination lawsuit.

Who gets the promotion? 6 steps to smart and legal decisions

12/14/2015
If your organization is typical, it’s relying more heavily on internal promotions. And as more employees compete for coveted promotion, we’re seeing a corresponding rise in failure-to-promote lawsuits. To ensure a discrimination-proof selection process, you should:

Is collecting trash a ‘man’s job’? Ask the EEOC

12/13/2015
A Louisiana staffing firm is facing an EEOC sex discrimination lawsuit accusing it of failing to hire at least 34 women—all qualified—who sought temporary positions as residential trash collectors in Harrison County, Missis­­sippi.

EEOC proposed rule clarifies wellness rules under GINA

12/09/2015
Employer-sponsored wellness programs often collect medical data about employees and their families to identify risk factors and customize health and exercise programs. The Affordable Care Act health care reform law favors wellness programs as a way to manage chronic diseases and educate employees about their health.

Flurry of year-end regulations affect New York wage-and-hour law

12/09/2015
The end of the year saw a flurry of activity from workplace reg­­ulators in New York. Employers should note several recent legal developments.

New York pizzerias sued for national origin bias

12/09/2015
Two restaurants in Fishkill and Wappingers Falls, N.Y. face charges that their owner regularly denigrated Hispanic employees and insisted they speak English on the job.

Show why schedule changed after FMLA leave

12/09/2015
If you have to make a schedule change after someone returns from FMLA leave, be sure you have legitimate business reasons.

Incident may be ‘creepy’ but that doesn’t necessarily mean it’s harassment

12/09/2015
Here’s some good news: Just because a supervisor says or does something stupid or tasteless doesn’t mean the employer will suffer. Take an isolated incident that might be characterized as odd or creepy. While perhaps uncomfortable for the employees involved, most of the time it won’t result in a successful lawsuit.

Ignore sexual assault allegations, prepare to pay huge damages

12/09/2015

Here’s a cautionary tale about ignoring a young employee’s plea for help and also ignoring her lawsuit later. Both courses of action may cost dearly—in this case, well over a million dollars.

Winter turns up heat on pay compliance

12/09/2015
The Fair Labor Standards Act is generally a fairly straightforward law—for most of the year. But winter weather—and the delays and closures that sometimes accompany it—can make wage-and-hour compliance more difficult.