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Employment Law

Fashion tip for the fall season: Don’t tolerate teasing about clothing

09/27/2013
No, a lack of fashion sense is not a “protected characteristic,” like age or religion. But as this new case shows, employers that tolerate em­­ployees who tease co-workers about their clothing could be setting themselves up for legal trouble.

If federal government shuts down, what will DOL do? Not much

09/26/2013
Barring a sudden and unexpected outbreak of congressional cooperation, the federal government will run out of money on Oct. 1 and shut down—at least temporarily. What does that mean for DOL enforcement activities? Here’s the likely scenario.

Regs detail reconciliation and reporting under the ACA

09/24/2013
A critical function of the individual health insurance exchanges is to verify that taxpayers are eligible for advance subsidies. But what’s to stop an em­­ployee who has access to affordable group coverage from gaming the system and getting those subsidies anyway? And how will you know?

Court drives nail in coffin of pro-union poster requirement

09/23/2013
The U.S. Court of Appeals for the D.C. Circuit has refused an NLRB bid to retry a May case in which the court said employers couldn’t be required to display a pro-union poster.

DOL issues FMLA guidance for same-sex spouses

09/20/2013
Responding to the U.S. Supreme Court’s June decision overturning a key part of the federal Defense of Marriage Act, the DOL has affirmed that employees with same-sex spouses have the same FMLA rights as other married employees—as long as they live in a state that has legalized same-sex marriage or recognizes such marriages performed in other states.

Tell staff: Accommodations are none of their business

09/19/2013
It’s natural for co-workers to gripe when a disabled employee’s accommodation causes more work. They may complain that the accommodated employee isn’t pulling her weight or that the accommodations are bogus. Tell them to zip it.

NLRB releases mobile app describing worker rights

09/19/2013
The NLRB celebrated Labor Day by unveiling a new mobile phone app that tells employees and unions about their rights under the National Labor Relations Act.

In Harlem jobs program, varying shades of the N-word

09/19/2013
A recent case has tested the complex, unwritten rules surrounding the use of the N-word in the workplace—in this case, the successful STRIVE East Harlem temporary agency, which has been profiled on “60 Minutes.”

Use independent investigation to back up decision to terminate rule-breakers

09/19/2013
Sometimes, it pays to be patient. That’s often true when deciding who to terminate when several people are allegedly involved in rule breaking. Conduct an independent investigation, talk to all the individuals involved and come to conclusions based on what the employees said. That way, there’s a good chance a court won’t second-guess your final decision.

No C-Suite office? You may still be liable for FLSA violations

09/19/2013
A federal appeals court recently ruled that personal liability for violations of the Fair Labor Standards Act extends beyond corporate officers to individuals who exercise control over significant aspects of a company’s day-to-day functions.