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Employment Law

Strip illegal terms from arbitration agreements

11/12/2015
If you use an arbitration agreement for Texas employees, be aware that including terms that limit the kinds of relief employees can seek in arbitration aren’t legal.

Asking your employees medical questions: What’s legal, what’s not?

11/12/2015
The ADA states that employers “shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature and severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity.” What does that mean?

The NLRB ‘joint employer’ decision: New risks, new liability

11/09/2015
Under a new standard, many contingent employment arrangements may open the door to union organizing activities.

Key Supreme Court case could affect controversial union shop fees

11/09/2015
Among the cases that the U.S. Supreme Court has agreed to hear during its 2015-2016 term is one of particular significance to those in the public sector—Friedrichs v. California Teachers Association. A decision in favor of the plaintiffs has the potential to affect the implementation and regulation of union agency shop fees nationwide.

Requesting Sunday off for ‘religious reasons’ not enough

11/09/2015
Employees who want to alter their schedule to accommodate religious needs need to do more than simply mention religion generally. At a minimum, they need to explain their religious practices.

Alerting boss of job-bias rules is not ‘protected activity’

11/09/2015
The role of an HR professional includes educating management on anti-discrimination laws. Doing so is generally considered doing one’s job and isn’t protected activity.

Responding to harassment complaint? Don’t force victim into unfair decision

11/09/2015

There’s a right way and a wrong way to handle a sexual harassment complaint that may have involved physical assault. Suspending the alleged harasser is the safest approach. Telling the allegedly assaulted employee to choose between accepting a transfer or working with the harasser is not. She likely will quit and fire off a claim that she was constructively discharged.

Victim didn’t complain about supposed hostility in workplace? He may be out of luck

11/09/2015
If an employee ignores slurs or other hostile behavior—or even jokes about it with co-workers—that may be evidence the employee wasn’t personally offended and, therefore, won’t be successful in his hostile environment lawsuit.

Vindictive managers can spark FMLA liability

11/09/2015
While it isn’t convenient for managers when an employee takes FMLA leave, that leave is an entitlement. Punishing the employee—in small or big ways—when she returns can backfire big time.

Orthodox synagogue sued for firing pregnant employee

11/06/2015
Just before she went on her honeymoon, a program director at Manhattan’s Shearith Israel, the oldest Jewish congregation in the country, confided to a co-worker that she was 19 weeks pregnant. The synagogue fired here upon her return.