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Employment Law

Just how many plaintiffs can one suit have?

08/13/2013
What if you get a hiring decision wrong, choosing someone from one protected category over another slightly better-qualified minority applicant? Fortunately, that misstep won’t open the door for hordes of minority applicants to sue. Only the slightly better-qualified applicant will have a claim.

Obesity is Now a ‘Disease,’ AMA says; What’s That Mean for HR?

08/09/2013
The American Medical Association (AMA) this summer officially designated obesity as a “disease”—instead of as a condition. The AMA’s designation does not carry any official change in the law or regulations. But experts say it could increase the likelihood that obese employees will be deemed “disabled” under the Americans with Disabilities Act (ADA), plus increase your organization’s workers’ comp costs.

Must we give FMLA leave for cosmetic surgery?

08/09/2013
Q. An employee lost weight and is having excess skin removed and a breast lift. There will be a surgery and recovery period. Is elective cosmetic surgery covered under a serious medical condition?

Hypersensitive employee? What’s hostile depends on objective analysis

08/08/2013
Don’t worry too much if a sensitive soul finds the workplace unpleasant. Absent tangible, objective evidence that an environment is truly hostile, her lawsuit won’t go far.

Remind bosses: Part-time workers have the same job rights as full-timers

08/08/2013

Some managers mistakenly believe there’s no danger in firing new part-time employees or treating seasonal employees differently. That’s just not true.

Warn bosses about personal liability risk

08/07/2013
Remind supervisors that the integrity of the performance evaluation process depends on their honest assessment. Providing anything less may mean a court date and personal liability under North Carolina law.

What are the rules for obtaining notice that an employee needs FMLA leave?

08/07/2013
Q. Can we require our employees to give us notice of when they need FMLA leave? Can we require that notice in writing?

J.B. Hunt drops ban on hiring those with criminal records

08/07/2013
Transportation giant J.B. Hunt has agreed to revise its hiring policy that the EEOC claimed prohibited hiring anyone with a criminal record. The case began with a single black applicant who was denied a truck driving position because he had been convicted of a crime.

Company signature not required on arbitration agreement

08/07/2013
Most employers that use arbitration agreements require employees to sign them. If that’s your practice, don’t worry about getting the company’s “signature” on the dotted line. As long as the company can show it intends to be bound by the agreement, it is valid with just the em­­ployee’s signature.

Have solid reason for termination if employee previously engaged in protected activity

08/07/2013
Employees who file discrimination charges are protected from retaliation; any adverse action an employer takes afterward can be retaliation. The closer in time the two events are, the more likely a retaliation claim will stick. Your only real protection is having a rock-solid reason for your action.