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Employment Law

Piling on disciplinary charges can look like retaliation

04/21/2015
It’s easier for employees to prove retaliation for complaining about discrimination than it is to prove the underlying complaint. When disciplining someone who has complained, make sure each infraction is iron-clad—and don’t pile on additional dubious charges.

Temp assignments should be temporary: Keep looking for permanent accommodations

04/21/2015
Here’s an important reminder for managers handling workers returning from medical leave who may qualify as disabled: Placing workers in a temporary job may be part of an accommodation but that doesn’t end the process.

You don’t have to evaluate motive when employee accuses co-workers of same-sex harassment

04/21/2015
Same-sex harassment claims are tough to prove under Title VII. It’s especially hard if the harassment seems more for the purpose of annoying the harassed worker. But that’s not how the California Fair Employment and Housing Act handles same sex harassment, as an employer recently found out.

ADA: Don’t rush to scrap essential function

04/21/2015

It’s not always possible to accommodate an employee’s disability. Employers do have to consider possible accommodations that allow a disabled employee to retain his job. However, it is unreasonable to expect the employer to entirely eliminate an essential job function.

Proposed wellness rules balance ADA, HIPAA

04/21/2015
The EEOC has issued proposed rules explaining how employers can legally administer wellness programs under the ADA and the Health Insurance Portability and Accountability Act.

House, Senate bills would short-circuit NLRB ‘ambush’ elections

04/20/2015
On the day new National Labor Relations Board rules took effect, dramatically speeding up the union election process, members of both houses of Congress introduced legislation to slow it back down.

Top attorneys on hot employment law topics

04/17/2015
HR professionals from around the country came to the Bellagio in Las Vegas last week to soak up expert employment law advice at the 11th annual Labor & Employment Law Advanced Practices (LEAP) Symposium, hosted by Business Management Daily and the HR Specialist. Here are just some of the thoughts dropped by the speakers, 25 of the best employment attorneys in the country.

NLRB’s ‘ambush’ election rules take effect

04/16/2015

If you don’t have a plan in place to respond to a union organizing campaign, now’s a time to draft one. On April 14, controversial new National Labor Relations Board rules took effect, dramatically speeding up the time between initial filing of a union election petition and actual balloting.

Transfer worker to combat constructive discharge

04/16/2015
Employees who feel so harassed that they have no choice but to quit can still sue. Cut your liability for what’s known as constructive discharge by transferring the employee.

44 years later, huge settlement ends EEOC discrimination lawsuit

04/14/2015
The EEOC is extraordinarily patient, and employers aren’t its only target.