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Employment Law

Merely transferring employee to same or similar position isn’t grounds for lawsuit

02/28/2014

Sometimes, the most sensible solution to an ongoing em­­ployee complaint is to transfer the em­­ployee. But some employees may see that as retaliation, especially if the “fresh start” turns out to be a false one. Such a retaliation claim is unlikely to succeed as long as there was no change in title, major job responsibilities, pay and benefits.

RIF results in less workforce diversity? Be ready to prove bias wasn’t the motive

02/28/2014
An employee who has lost his job may look at the resulting workforce and conclude that his race or other protected characteristic was why he was part of the reduction in force. Prepare for such potential charges with solid documentation showing you had a business reason for each position you cut—and that you didn’t consider who held the job.

Believe it or not, you still have to say it: Managers can’t express racial preferences

02/28/2014
By now, you might think no manager would be so stupid as to openly state their reluctance to hire someone of a particular race. Believe it or not, it still happens. When it does, that’s when expensive and time-consuming litigation begins.

Serial FMLA requests? Respond to every one

02/28/2014
Some employees seem to believe that every minor illness is grounds for FMLA leave. If it’s clear an absence is for an illness not covered by the FMLA, say so. That way, an employee can’t later argue that he was unfairly denied leave when you include the absence in the disciplinary process.

Develop process for extending FMLA leave

02/28/2014
Some employees aren’t quite ready to return from FMLA leave after their 12 weeks are up. How you handle their request can make the difference between winning and losing a discrimination lawsuit.

Federal contractors must pay workers at least $10.10 per hour

02/28/2014
President Obama on Feb. 12 signed an executive order implementing the change, which becomes effective in 2015.

The price of pay mistakes: $250,000,000 and counting

02/27/2014
A quarter-billion dollars is a lot of money. Yet that’s the amount the DOL collected in unpaid minimum wages and unpaid or underpaid overtime wages for employees during fiscal year 2013. Learn from others’ mistakes:

When can we order a drug or alcohol test?

02/26/2014
Q. An employee sometimes shows up looking like he came from a party, with glazed eyes and slurred speech. Can we make him take a drug or alcohol test?

San Diego temp agencies settle multiple bias complaints

02/26/2014
Sedona Staffing and several associated firms have agreed to settle a flurry of discrimination charges with the EEOC.

Sometimes you can require repayment out of last check

02/26/2014

Do you offer a store credit card to your employees? If so, you likely want any balance due repaid if the employee quits or is fired. You may be able to get the employee’s agreement to repay the balance on termination out of his or her vacation or sick account balance.