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Employment Law

Questionable conduct? End it and move on

07/15/2015
Not every action that may be interpreted as harassment actually is. That doesn’t mean employers should ignore a one-time incident or behavior brought to HR’s attention. You can and should end any behavior that may be perceived as offensive or harassing. Once you have, you can move on, as this recent Texas Supreme Court decision shows.

They’re on break and off the premises–but are we still liable for our workers?

07/15/2015
Q. If an employee leaves company premises during his designated paid or unpaid breaks (without clocking out) to get food or go shopping, is the company liable if the employee is involved in an incident?

EEOC updates pregnancy-bias guidance for employers

07/14/2015
In the wake of U.S. Supreme Court’s important Young v. UPS ruling in March, the EEOC has updated its employer guidelines on light-duty assignments and disparate treatment of pregnant workers. Download them now.

With new rule in spotlight, what OT really looks like

07/14/2015
The Obama administration’s announcement that it wants to double the salary threshold that makes white-collar managers eligible for overtime pay from the current $23,660 per year to $50,440 comes on the heels of research that says half of America’s salaried employees work more than 40 hours per week.

Court shoots down DOL rule on unpaid interns

07/13/2015

Over the past year, several big companies have forked over big bucks to settle class-action lawsuits filed by interns alleging that they should have been paid for the time they spent getting a firsthand look at how the business world works. Employers felt compelled to settle following a string of high-profile lawsuits that went interns’ way, as well as the very clear Department of Labor rules on intern pay. But now the 2nd Circuit Court of Appeals has issued a decision that may show the employers were a bit hasty in capitulating.

OSHA publishes guidance on restroom access for the transgendered

07/13/2015
OSHA’s role is expansive and includes regulating everything from heat breaks to bathroom access. It issued “A Guide to Restroom Access for Transgender Workers” on June 1.

CBS reporter sues bosses for sexual harassment

07/13/2015
Former CBS News entertainment reporter Ken Lombardi claims two male bosses groped him and made unwanted advances, and a female boss refused to investigate his charges. According to lawsuit documents, Lombardi claims that Duane Tollison, then a senior producer, drunkenly groped him and kissed him on the neck at a holiday party.

NYC to send out employment testers to spot hiring bias

07/13/2015
Under recently signed legislation, New York City will begin a year-long employment tester program in which paired job applicants with similar experience and qualifications will express interest in the same job. One will belong to a protected class and one will not.

Boss at unemployment hearing? That’s not retaliation

07/13/2015
Generally, employees can’t sue their employers because of a personality conflict with a supervisor. Nor can they allege that it’s a form of retaliation for a disliked supervisor to show up in court in order to “torment” the employee.

Practical jokes unrelated to protected status can’t be grounds for lawsuit

07/13/2015

Some employees will never get along. Managing them can be hard, especially if one chooses to make life difficult for the other with practical jokes and rude behavior. But unless the jokes and behavior somehow relates to a protected characteristic, it isn’t grounds for a lawsuit.