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Employment Law

No touching required to support lawsuit alleging supervisor harassment

11/13/2014

There’s flirting and then there’s sexual harassment. If the flirter is a supervisor, it’s probably sexual harassment whether or not there was any physical contact. Set a strict no-fraternization rule for supervisors and subordinates.

When ‘manager’ doesn’t manage, title doesn’t determine exempt status

11/13/2014
Just because an employee is called a supervisor and sometimes tells others what tasks to perform, that doesn’t mean she’s an exempt admin­­istrative or executive employee. It’s the actual duties performed day to day that count.

Older workers driving up insurance costs? That’s no reason to terminate them

11/13/2014

Because it costs more to provide health insurance for older workers, some employers may be tempted to trim their workforce of older workers during reductions in force. Or they may think twice before considering hiring an older applicant. Such actions carry considerable risk that the employee or applicant will sue for age discrimination.

Wells Fargo pays to settle Minneapolis race bias suit

11/13/2014
The Minneapolis personal insurance office of banking giant Wells Fargo has agreed to settle an EEOC race and national origin discrimination claim.

Unemployment due after quitting for harassment

11/13/2014
Here’s a reminder that you should not ignore complaints about workplace harassment—or promise to take action but then fail to follow through. Not only may this mean a discrimination or harassment lawsuit, but the employee could quit and qualify for unemployment compensation, too.

Win discrimination, retaliation lawsuits with patience, careful documentation

11/13/2014
Simply put, documentation is what wins many lawsuits. That’s especially true when more than one supervisor has documented past problems.

Same job, different office: Is that considered retaliation?

11/13/2014
Some employees believe that anything negative that happens after filing a complaint must be retaliation. Not true.

Webinar Wisdom: Dealing with Workplace Bullying

11/12/2014
A quick summary of a recent training webinar presented by Business Management Daily.

Qualification inflation: Extra skills & degree don’t automatically make employee exempt

11/12/2014
As the following case shows, just because you hire someone who is overqualified or has especially impressive training or education, that doesn’t automatically transform the job from hourly to exempt. Also, job titles do not determine exemptions.

Beware risky suggestions about retirement

11/10/2014

Remind your supervisors: Be careful how you approach discussing potential retirement plans with employees. As this new case shows, asking about the subject too often or in a way that’s not business-related could trigger an age discrimination lawsuit—especially if the employee loses her job soon after the discussion.