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Employment Law

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.

Whistle-blowers need good faith, not proof

07/13/2015

When a New York City employee purports to report wrongdoing on the part of the city government, all that’s required is a good-faith belief that the alleged conduct constituted an “improper governmental action.” It’s illegal to retaliate against an employee who makes such a report.

Discipline OK, even when worker could use FMLA

07/13/2015

Some supervisors hesitate to discipline employees who have asked for FMLA leave or seem likely to need it soon. Reassure them that they can and should discipline those who break company rules or perform poorly, even if they are ill or may need FMLA leave. The key is to focus on behavior.

4 steps: Pre- and post-birth FMLA compliance

07/13/2015
Many employers think expectant mothers can take FMLA leave only for childbirth and baby bonding. But any medical appointments and pregnancy-related illnesses are eligible for FMLA leave, too. Here’s how to handle FMLA time off for pregnancy and afterward.

What’s a ‘serious’ condition? Routine care doesn’t trigger FMLA protection

07/10/2015
The FMLA is supposed to protect employees from losing their jobs when they can’t work due to a serious health condition.

Settled with the EEOC? That’s the end of it

07/10/2015
Here’s some good news—and more incentive to settle discrimination cases before the EEOC: If the agreement is signed, sealed and delivered, the employee can’t later sue in federal court to have the agreement invalidated—even if she has seemingly good reasons to argue she didn’t consent to or otherwise wasn’t capable of settling the case.

How does a tip credit work with minimum wage?

07/09/2015
Q. May we count tips received by our employees, including restaurant servers, toward the payment of their minimum wage?

How should we handle news that employee previously signed a noncompete agreement?

07/09/2015
Q. We received a letter from a competitor informing us that our new employee used to work for them and is now in violation of noncompetition agreement with the competitor. What should we do?

Of gangs, G-Men and a dogged cop: Careful discipline prevails in court

07/09/2015

Employers that take their time to discipline troublesome employees who refuse to follow the rules often make out well if that employee later sues. That’s because they will have clear and unambiguous evidence that the employee deserved the discipline—not because he was a troublemaker, but because he couldn’t follow the rules others did.