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Employment Law

Think twice before changing employee’s job duties or hours during FMLA leave

01/21/2015
Employees who take FMLA leave are generally entitled to come back to their old jobs when they return. If you make any changes to their jobs, be sure you can document solid business reasons that are unrelated to FMLA leave.

Whistle-blower alert: Beware punishing employees who report customer wrongdoing

01/21/2015

You may prefer a “don’t rock the boat” mentality when it comes to reporting to police or other governmental authorities that a customer may be breaking the law. That doesn’t mean you can force employees to remain silent—or worse yet, punish them for going to authorities. Doing that could cost a fortune in damage awards, especially if it turns out that your employee was right.

Justice Dept. expands sex bias protections

01/21/2015
The U.S. Department of Justice has announced it will interpret the ban on sex discrimination in the Civil Rights Act’s Title VII to include gender identity. The Department of Justice may not bring actions against private employers, but can enforce the new interpretation against state and local governments.

Boss behaving badly? Maybe not harassment

01/21/2015
Employers should certainly strive to make their workplaces as pleasant and harassment-free as possible. But, sometimes supervisors make that almost impossible because they can’t refrain from acting like jerks.

White House pushes for paid sick, family leave

01/21/2015
The Obama administration has unveiled a series of proposals to provide paid family leave for new parents and seven days of paid sick leave for all American workers.

The fast lane to legal liability: Require employees to use their cars for work

01/20/2015

Do you sometimes require em­­ployees to use their personal cars during the workday for job-related tasks like making banking runs or delivering supplies? If so, you’re risking liability if the em­­ployee is in an accident and a jury decides he was negligent.

Union-Organizing Efforts

01/20/2015

HR Law 101: The National Labor Relations Board (NLRB) applies strict rules of conduct to employers during union-organizing campaigns. But whether you choose to accept the union or resist it, you can still exercise your rights effectively. Or, if a union has already won a representation election in your organization, you need to know how to prevent the union from encroaching on your management rights … 

Won a lawsuit? Courts still reluctant to make losing worker pay your legal fees

01/19/2015

It can be frustrating to have to defend your organization against what you consider frivolous legal claims by employees. Unfortunately, that’s just another cost of doing business. As the following case shows, even when you win the case and thought it should never have been filed, you probably won’t persuade a court to penalize the employee by having him pay your legal fees.

New NLRB ruling shows risk of prohibiting ‘loud, disrespectful’ speech

01/16/2015
During an all-staff meeting at an Amazon.com warehouse in Arizona, an employee loudly voiced concerns about an on-site safety issue. After the meeting, he was called in the HR office and told he spoke too loudly and disrespectfully, both of which violated company policy. The employee countered by saying he had to speak loudly to be heard—and he objected to Amazon’s heavy-handed response.

Jury trial approved for retaliatory discharge claims

01/15/2015
Employees who claim they were fired for seeking workers’ comp benefits are entitled to a jury trial. That can result in big damages, as juries are notoriously prone to making employers pay.