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Employment Law

Employee complained in the past? Keep that info from new supervisor

12/05/2014
Here’s an easy way to stop retaliation lawsuits: If an employee has complained in the past about harassment, discrimination or other legal wrongs, make sure that information stays confidential.

Remind managers and supervisors: No comments about pregnancy, family planning

12/05/2014
When it comes to pregnancy announcements, the only appropriate response is a hearty “Con­­grat­­u­­lations!” Keep your thoughts on family size, birth control and other pregnancy-related concerns to yourself and warn others to follow suit.

No matter who says it, there’s one word you should always ban from your workplace

12/05/2014
Here’s something to consider when punishing employees for the use of racial or ethnic slurs: Don’t think that one race can use a term, but that another cannot.

Lawsuit for guard who took a knife, got the ax

12/05/2014
Pittsburgh security firm Capital Asset Protection can look forward to an age discrimination from a 70-year-old former security guard who was hailed as a hero for helping to end a violent rampage at a high school—and then lost his job.

Former manager smells blood, files whistle-blower lawsuit

12/05/2014
The former billing manager for Abing­­ton Memorial Hospital in Mont­­gomery County, Pennsylvania, has filed a ­­whistle-blower suit against her former employer. She claims she was fired for alleging that the hospital lab mislabeled blood samples to increase the fees it could charge.

Immediately address every harassment complaint

12/05/2014
Don’t think that by ignoring obvious harassment, it will go away. More likely, the offensive be­­havior will escalate—and may even turn into a brawl or worse.

IRS Audits: Worker Classification

12/04/2014

HR Law 101: The IRS has the burden of proof when it interrogates an employer about its worker classifications. Before the Small Business Job Protection Act of 1996, the onus was on the employer to prove that an individual didn’t qualify as an employee …

New rule on white-collar overtime pay pushed back to February

12/02/2014
Look for the Department of Labor to release a new proposed rule for paying overtime to white-collar workers in February 2015, a roll-back of the department’s original, self-imposed November deadline.

When FMLA resentment turns into harassment

12/01/2014
FMLA rules say that employers, “are prohibited from discriminating or retaliating against an employee for having exercised or at­tempted to exercise any FMLA right.” That’s why it’s important to remind supervisors (and all employees) that the FMLA is a legal right and taking it should never be grounds for criticism or punishment.

EEOC charges, monetary settlements decline

12/01/2014
The number of EEOC charges fell slightly in fiscal year 2014, but employers wound up paying dramatically less for workplace discrimination, harassment and retaliation than they did in 2013.