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Employment Law

One saving grace helped defeat bias lawsuit: Employee never applied for the job

08/18/2014
A court has concluded that em­­ployees looking for promotions or transfers have to make reasonable efforts to apply for a job before they can sue. That’s true even if they were discouraged from applying—unless it was obvious that applying would be futile and therefore ­pointless.

Beware retaliation after workers’ comp claim

08/18/2014

Under Minnesota’s workers’ compensation laws, employees who file workers’ comp claims are protected from retaliation. The law says employers can’t punish employees for seeking benefits. But some employers have been trying to preempt so-called protected activity when an em­­ployee is injured at work.

Put details in performance improvement plan

08/18/2014
You can’t prevent every lawsuit over a discharge, but you can be prepared. That preparation includes making sure you can point to solid, performance-based reasons for every termination. Lay the groundwork first with a performance improvement plan (PIP) and you will be well on your way to showing the court your decision was based on objective, measurable business reasons rather than some kind of prejudice or discrimination.

Track problems as soon as troublemaking starts

08/18/2014

Sometimes, employees who sense they are skating on thin ice at work will decide they want to keep their jobs, improve their output and adjust their attitudes to comply with your expectations. And sometimes they won’t. Determine which path such an employee has chosen by tracking both work performance and behavior over time.

LinkedIn to pay nearly $6M for unpaid overtime violations

08/15/2014
The business-oriented social media site LinkedIn has agreed to pay $3,346,195 in overtime back wages and $2,509,646 in damages to 359 former and current employees.

EEOC publishes new guidance on Pregnancy Discrimination Act

08/14/2014
The EEOC has issued new guidance tying Pregnancy Dis­­crimi­­na­­tion Act requirements to the broader disability definition in the ADA Amendments Act.

Suit alleges women forced to kiss and wrestle at bar

08/14/2014
A midtown-Manhattan bar faces charges it forced waitresses to kiss one another and wrestle in cranberry sauce while patrons took pictures and videos.

Court rules volunteer not entitled to FLSA protection

08/14/2014
A young man who volunteered at a school in hopes of building his résumé is not an employee as defined in the Fair Labor Standards Act according to the 2nd Circuit Court of Appeals.

Even with arbitration, some claims may go to trial

08/14/2014
Here’s something to consider when you decide to add an arbitration clause to applications and require employees sign them as a condition of employment: You may end up forcing the em­­ployee into arbitration, but still become embroiled in other related litigation.

Beware even tiny pay gaps between men and women

08/14/2014
Even a small gender-based pay differential may be­­come the foundation of a class-action lawsuit.