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Employment Law

Unless you’re a doctor, don’t try medical diagnosis

08/17/2015
A Texas company has agreed to settle a disability bias suit filed by a former employee after the EEOC accused its HR department of playing doctor in violation of the ADA.

Employers weigh in on DOL’s white-collar OT rule

08/13/2015
Comments are pouring in to the U.S. Department of Labor at a rate of more than 500 per week in advance of a Sept. 4 deadline for employers and others to register their opinions on a rule that the Obama administration says could make 5 million more white-collar workers eligible for overtime pay if they work more than 40 hours in a week.

Can a church ask about an applicant’s religious beliefs?

08/13/2015
Q. As a church employer, is it legal for us to request an applicant to state his or her religious beliefs, or to require them to be of our beliefs?

Listening to customer calls: Do we have to notify?

08/13/2015
Q. We plan to start having supervisors listen in on trainees’ phone conversations with customers. Do we have to inform the caller that we’re listening? We think the “this call may be recorded” message makes the call less authentic?

What are the legal risks of a 20% salary cut for all?

08/13/2015
Q. We have to reduce salary wages by 20%. The plan is to reduce three of the five departments to 32 hours and adjust their wages accordingly. Is this legal?

Can we circulate staff cell numbers and addresses?

08/13/2015
Q. We created an employee directory in Outlook that contains employee home numbers, cell numbers and addresses. It’s for internal use only. An employee complained. Is there any legal issue with us posting this information? Do we need to get permission from employees?

Employee or independent contractor? DOL issues new rules

08/13/2015
The U.S. Department of Labor has issued a new set of guidelines that clarify when employers can classify workers as independent contractors.

2nd Circuit says interns don’t necessarily have to be paid

08/13/2015
In two recent cases decided in July, the 2nd Circuit Court of Appeals has held that in many instances, unpaid interns may not necessarily be employees covered by the Fair Labor Standards Act and the New York Labor Law.

Al-Jazeera America hit with $15M retaliation suit

08/13/2015
A former supervisor at Al-Jazeera America is suing the cable news network—owned by the government of Qatar—claiming he was fired for raising concerns about a senior vice president’s “overt misogynistic behavior.”

Failure to renew contract can be basis for lawsuit

08/13/2015
Some employers mistakenly believe that if they offer annual contracts, they can’t be sued for not renewing a contract. That’s just not true if the former employee can prove she wasn’t rehired for a discriminatory reason.