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Employment Law

Employer gets to choose ADA accommodation

12/07/2015

The ADA requires employers and employees to discuss potential reasonable disability accommodations with each other. However, the bottom line is this: The employer gets to choose which accommodation to implement, not the employee. As long as the chosen accommodation is reasonable, the employee’s desires take no precedence.

EEOC netted $525 million for bias victims in FY2015

12/04/2015
The EEOC achieved record results in its enforcement efforts during fiscal year 2015, which ended Sept. 30.

Cheating on overtime pay: Can it mean jail time?

12/03/2015
In one state, at least, they’re getting very serious about the consequences of shorting employees on what’s rightfully theirs.

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.