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Employment Law

Sure it seems obvious, but …. don’t declare sexual harassment part of the job

09/30/2015
Here’s a recent case that should make it clear to employers that it’s their responsibility to make sure employees aren’t sexually harassed. Simply put, you can’t tell someone going into an all-male environment that sexual harassment just happens and is the price for breaking down gender barriers.

Track who hired and promoted disabled worker

09/30/2015

It’s hard to convince a judge or jury that the same person who hired someone knowing his protected status would later turn around and fire that employee because of that very protected status. That’s one reason you should keep careful track of which manager recommended hiring someone who is obviously a member of a protected class—such as an employee who is disabled because of a missing limb.

At-will status won’t stop bias lawsuit

09/30/2015

It doesn’t take much for an employee who has been terminated to take a discrimination claim to court. For example, all a woman has to allege is that she is a member of a protected class (female), was qualified for her job, was discharged and was replaced by someone who is not a member of her protected class—that is, that a man replaced her. It’s then up to the employer to prove it had a legitimate, unrelated reason for the termination. It can’t rely strictly on her status as at-will.

Scrub unnecessary FMLA references from handbook

09/29/2015
When an employer has an office with fewer than 50 employees within 75 miles of that location, those workers aren’t covered by the FMLA. Make sure you don’t inadvertently give them the impression that they are.

Employers must notify employees of their FMLA rights

09/28/2015
HR professionals consistently rate FMLA administration as one of their most difficult tasks. New court decisions constantly affect the FMLA landscape.

Business survey: Support grows for higher minimum wage

09/28/2015
Almost two-thirds of HR and hiring managers surveyed—64%—believe the minimum wage should be increased in their state, up from 62% last year.

Court: You don’t have to be clairvoyant about ADA

09/24/2015
Merely complaining about aches and pains isn’t enough to put an employer on notice that an employee is disabled and needs an ADA accommodation.

Learn state laws on social media, employee privacy

09/23/2015
A new online resource from the Seyfarth Shaw law firm offers a state-by-state description of established and new laws designed to protect employees’ privacy rights on social media.

Quickie union elections get quicker with e-signature OK

09/22/2015
Unions no longer need to collect employees’ handwritten signatures on authorization cards before they file an election petition.

How should I accommodate breastfeeding at work?

09/21/2015
Q. An employee who is about to return from maternity leave wants to pump breast milk at work. She is asking for a room specifically designated for pumping, as she feels uncomfortable doing so in the bathroom or the office, and for several breaks during the day. Do I have to provide this accommodation?