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Employment Law

Volunteers at seasonal events don’t get FLSA protection

09/10/2015

The Fair Labor Standards Act carves out several special circumstances under which the FLSA does not apply. One of these applies to seasonal amusement establishments. As the following case shows, that includes an annual baseball “fanfest,” that relies on volunteers for success.

Lower pay on FMLA return? That’s an automatic violation

09/10/2015

Employees who take FMLA leave are entitled to the same or an equivalent job when they return. That means that the job must be virtually identical in all aspects, including pay. If you change the pay, the reason is irrelevant—it’s an FMLA violation.

Employee out on FMLA leave: OK to contact for info on urgent matters

09/10/2015
Employers aren’t allowed to pester employees to work during FMLA leave. Requiring the employee to work from home to complete assignments, for example, may amount to interference with the right to take FMLA leave. But not every contact or request is enough to support a lawsuit.

No other complaints about pregnancy bias? That can make charges easier to defend

09/10/2015
Sometimes, it’s relatively easy to get a pregnancy discrimination lawsuit dismissed. If your workplace records can show that other employees became pregnant, took leave and never complained about any sort of pregnancy-related discrimination, that can serve as a powerful rebuttal to a lone complaint.

FMLA or ADA request? Don’t let that derail legitimate discipline or termination decisions

09/10/2015

Firing someone right after she requests FMLA leave or an ADA accommodation can often trigger a lawsuit. But timing close alone won’t sink your chances of winning—as long as you have a valid business reason for discharging the employee that is unrelated to illness or disability.

Woman fired for spurning CEO wins $18 million

09/10/2015
A federal jury in Manhattan has awarded a Swedish woman $18 million in her harassment lawsuit against her former Wall Street boss.

NLRB: No hiring preference for crossing picket line

09/10/2015
The National Labor Relations Board has ruled that Dresser-Rand Co., located near Corning, N.Y., violated the National Labor Relations Act when it reinstated workers who crossed the picket line before it hired back those who stayed on strike during labor unrest at the plant.

OK to call or text with settlement offers

09/10/2015

The Fair Labor Standards Act protects employees and former employees against retaliation for complaining about wage-and-hour violations, including filing lawsuits. For example, an employer can’t try to punish a former employee by providing false negative references or otherwise interfering with someone’s job prospects. Basically, retaliation is anything that would dissuade a reasonable person from making the complaint in the first place. Fortunately, simply asking the former employee if he wants to settle a lawsuit isn’t enough, even if the effort is persistent and makes for an uncomfortable confrontation.

Train bosses: Snap decisions almost always risky

09/10/2015

Treating an applicant rudely or making snap judgments can mean ending up in court, trying to defend against charges of race or other perceived discrimination. Here’s a case you can use as an example of how not to greet an applicant even if you are sure he won’t be hired.

NYC legal temp agency gets lesson in discrimination law

09/10/2015
The owners of New York City-based Strategic Legal Staffing were apparently surprised to learn how litigious lawyers can be. The legal temp agency found out the hard way when it allegedly rejected a job candidate after learning she was 70 years  old.