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Employment Law

Harassment fear won’t excuse insubordination

05/12/2014

When harassment allegations surface, we often advise separating the two parties to minimize chances of more misbehavior. Sometimes, employees find their own ways to keep away from harassers. However, business realities can make that unsustainable.

Beware letting work happen on FMLA leave

05/12/2014

The FMLA doesn’t prohibit employers from calling an employee occasionally to ask questions about work-related matters. On the other hand, forcing someone to work from home while on leave may qualify as interference with FMLA leave. Sometimes, however, employees insist on working even while they’re on leave. That puts employers in a tricky predicament.

How to handle requests for confidentiality

05/12/2014

Say an employee stops by your office with a troubled look on her face. She has a complaint, but wants to speak with you “off the record.” Can you comply with her request for confidentiality? Should you?

Employee hurt while driving out of company parking lot: Is she due workers’ comp?

05/09/2014
Each state’s workers’ compensation law is different, but most say employees’ injuries are covered if they occur during the “course of employment.” Sometimes that can be a close call … in this case, one foot.

What caused the EEOC’s big age-bias charge spike?

05/08/2014
Was demography or economic distress to blame for the sudden jump in age discrimination charges between 2006 and 2008?

Demand legal costs when EEOC drags its feet

05/07/2014
Good news for employers facing long delays after receiving notice that the EEOC is investigating alleged discrimination: If the process takes too long and you incur legal fees defending old allegations, you may be able to recover the money.

Minimum wage increase bill stalls in preliminary Senate vote

05/06/2014
Legislation that would have gradually raised the federal minimum wage to $10.10 per hour failed to earn enough votes to clear a procedural hurdle on April 30, but Senate Democrats vowed to keep the issue front and center in the run-up to November’s midterm elections.

Is ‘stress’ an FMLA serious condition?

05/01/2014
Q. One of our employees is complaining of “stress and anxiety.” Is that enough to put us on notice of a serious health condition under the FMLA?

Is the government moving to address restrictions on employee discussion of wages?

05/01/2014
Q. We heard that the president recently took action on whether employees are permitted to discuss compensation. Are there any new requirements on employers with regard to these kinds of conversations?

Texas town loses final appeal on immigration statute

05/01/2014
The U.S. Supreme Court refused to hear appeals of rulings that declared two of the nation’s most far-reaching anti-­immigrant statutes unconstitutional. The towns of Farmer’s Branch, Texas, and Hazleton, Pa., had adopted ordinances punishing landlords who rented to “illegal immigrants.” The Hazle­­ton ordinance also targeted employers that hired illegals.