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Employment Law

Never retaliate for wage complaint–unless you’re prepared to pay big bucks!

09/02/2014

If you “shoot the messenger” and punish an employee who points out your wage-and-hour mistakes, a judge just may smack you back with a huge monetary penalty. That’s what appears to have happened in a recent Texas case.

It may be scandalous, but reporting co-worker sexual shenanigans isn’t protected activity

09/02/2014

Employees who report what they perceive as offensive sexual conduct to their employer may think they are engaged in so-called protected activity. That’s rarely the case. While the sexual activity they observe may indeed be offensive in the workplace, reporting it doesn’t mean the employee suddenly has protection from retaliation.

Court: Employees need to grow thicker skins

09/02/2014
Few people like working in a place where supervisors and co-workers make smart comments, raise their voices or engage in other anti-social (and unpleasant) behavior. But that doesn’t mean that sensitive employees can sue their employers anytime their feelings are bruised.

7 steps to protect against electronic sabotage by former employees

09/02/2014
With nothing more than a few taps on the keyboard, a vengeful ex-employee can cause far more disruption to the workplace than some of your most vocal employees.

LinkedIn’s $6 million payout offers lessons on tracking time

09/02/2014
The company apparently has failed to connect with the Department of Labor’s rules on what constitutes an exempt employee under the FLSA.

Prepare to explain each step in hiring process

09/02/2014

These days, employers get many more applications for open positions than they can possibly interview. But each of those applicants is a potential litigant. If you use a complicated hiring process with two or more steps, be sure you can explain how each step relied on objective, unbiased assessments of applicant qualifications.

Calculating OT: What counts as a ‘workweek’?

09/01/2014
Employment lawsuits often hinge on a definition: What is an “employee”? What is “work”? And, in this case, what is a “workweek”?

DOL sues to reinstate L.A. union whistle-blower

08/29/2014
A DOL lawsuit claims that Los Angeles-based Cement Masons South­­ern Cali­­for­­nia Administrative Cor­­p. illegally fired an em­­ployee for cooperating with a federal investigation. The corporation managed assets for five Cement Masons employee benefits trusts in southern California.

Former Pink Poodle pole dancers seek back pay

08/29/2014
Eleven former exotic dancers at San Jose’s Pink Poodle strip club are suing, claiming they were misclassified as independent contractors and thus failed to receive minimum wages and overtime pay. Additionally, they claim the misclassification deprived them of health insurance.

Employee must request more leave as ADA accommodation

08/29/2014
Employees facing the end of FMLA or other medical leave are sometimes entitled to additional time off as a reasonable accommodation under the ADA. But they have to ask.