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Employment Law

Prepare for Department of Labor’s proposed new overtime rule

09/01/2015
On July 6, the U.S. Department of Labor published a long-anticipated proposed rule that would make overtime pay available to nearly 5 million workers who are currently exempt from the Fair Labor Standards Act’s overtime requirement. The proposed rule would raise the minimum salary level for overtime exemption and raise the salary threshold for certain highly compensated employees.

Comcast settles sex bias charges involving call centers

09/01/2015
Philadelphia-based Comcast has settled charges it manipulated women into taking lower paying jobs at a call center in Washington.

No unemployment for employee who quit fearing discharge

09/01/2015
A woman who claimed she feared she would be fired if she took leave to take family members to medical appointments has lost her fight to receive unemployment benefits.

Employee quitting for medical reasons? Consider offering accommodation

09/01/2015

Employees who quit their jobs for “necessitous and compelling” reasons may still be eligible for unemployment compensation benefits. Quitting because of medical problems sometimes qualifies. That’s why employers should consider offering accommodations if an employee says he needs to quit for medical reasons. An accommodation offer may mean there’s no “necessitous and compelling” reason to quit.

Different starting salaries for same job? Be prepared to explain why

09/01/2015
Do you sometimes offer new employees different salaries for the same positions? If so, be sure you document why one applicant is worth more than another.

Consider disabled employee’s request for accommodation–even if you think it’s futile

09/01/2015
Supervisors who ignore an employee’s initial oral request for a reasonable accommodation risk exposing their employer to liability if the employee quits and sues. Never dismiss such a request out of hand.

Commitment to diversity doesn’t prove bias

09/01/2015
Employers that make public commitments to creating a more diverse workplace don’t risk losing a lawsuit solely based on that stated objective. An employee alleging discrimination because he isn’t part of the targeted demographic for diversity still has to show that he was fired or not promoted for a discriminatory reason. He can’t simply argue that the diversity commitment proves his case.

Does FMLA apply? Check local head count

09/01/2015

If you have employees in several locations, some may be covered by the FMLA and others may not be. Keep careful track of which is which. The key eligibility factor in the following case was the number of employees working in one of the employer’s two offices. The magic number is 50.

Don’t fire EAP counselor for backing worker

09/01/2015

Most employers outsource employee assistance plans, which offer confidential counseling to help workers deal with personal problems, work-related stress and other concerns. But some organizations handle EAP services in-house. That can cause a potential conflict of interest if an EAP counselor’s advice creates liability for the employer or calls into question its actions.

These two video clips bring FMLA issues into focus

08/31/2015
In an August webinar, attorney Michelle Maslowski of Ogletree Deakins shone a spotlight on Family and Medical Leave Act edge cases that reveal what a puzzle this law can be … and then provided answers.