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Employment Law

Hybrid labor model could fuel new economy

12/02/2015

Are you concerned about using independent contractors now that the U.S. Department of Labor has made it clear that workers are employees if they depend on one company for their livelihoods? If so, there may be some good news on the horizon.

Proof required to support discrimination claim

12/01/2015
Just because a fired worker and his boss are of different races doesn’t mean discrimination has occurred.

Petty annoyances aren’t reason enough to sue

12/01/2015
Some employees seem to believe they are owed a perfect workplace, free of all stress. They’re wrong.

Act fast to address employee’s request for ADA disability accommodation

12/01/2015
Never indefinitely delay addressing a disability accommodation request. In fact, you should make a decision as quickly as possible so the employee can’t accuse you of failure to accommodate through inaction.

Single comment not enough to form basis of discrimination lawsuit

12/01/2015
A single, isolated comment—especially if the speaker isn’t a co-worker or supervisor—isn’t sufficient grounds for alleging discrimination. Complaining about it doesn’t amount to protected activity.

How not to handle harassment against a man

12/01/2015
Consider this central Pennsylvania case that is going to trial soon. A judge has concluded that not only can a man be sexually harassed, but he may be due punitive damages for his suffering.

OK to require call-off, even with FMLA

12/01/2015
Employers are free to set neutral call-off policies that punish even FMLA-protected absences. Just make sure you enforce your rules fairly and consistently. Don’t punish some employees but not others.

FMLA leave for sibling care? It’s possible

12/01/2015
A DOL ruling last year that clarified the definition of “son or daughter” under the FMLA opens up the potential for employees to take leave to care for siblings or other family and nonfamily members. If the employee is serving in the parental role for a sick child, he or she may be eligible.

What’s harassment? Courts will look at view of a ‘reasonable person’–not the employee

11/30/2015
Sensitive workers may perceive everyday interactions as harassment. But courts don’t measure whether workplace hostility exists based on that employee’s subjective assessment of the situation. Instead, a court will focus on how a hypothetical “reasonable” employee would view it.

New protections for some California transgender employees

11/28/2015
On Oct. 7, Gov. Jerry Brown signed Senate Bill 703 (SB 703), protecting transgender employees whose employers engage in business with state agencies.