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Employment Law

Constant badgering about health, weight may be age discrimination

09/03/2013
Do you have supervisors who are constantly nagging subordinates about their health, weight, condition and inability to keep up with younger employees? That’s a huge age discrimination red flag that demands immediate action.

EEOC to repay millions to falsely accused trucking firm

09/03/2013
An angry judge has ordered the EEOC to pay $4.7 million in legal fees incurred when the national trucking firm CRST had to defend itself against a flurry of sexual harassment suits, many of which eventually turned out to be baseless.

Before firing, consider entire work history

09/03/2013
You don’t want to fire an employee without good grounds. Sudden deterioration in performance may be real—or a sign of age discrimination. Be especially cautious if the employee’s replacement is more than five years younger or the employee has complained about age-related comments.

Victim’s conduct won’t cancel out harassment

09/03/2013
You may think that an employee who admitted to bringing a racy photo to work and showed it around couldn’t later complain when she became the target of sexual harassment. You would be wrong.

There’s no excuse for workplace abuse! Even disabled employees can be disciplined

09/01/2013
Employers don’t have to put up with angry and abusive em­­ployees who try to make life miserable for others. That’s true even if the employee is disabled and has taken FMLA and other leave to deal with mental problems or medical conditions that may be contributing to poor behavior.

Thinking about turning employee into independent contractor? Consult lawyer first

08/30/2013
One of the most misunderstood concepts in employment law is that of the independent contractor. Before you jump on the independent contractor bandwagon, remember: If challenged, many arrangements fail to meet legal tests. The more control you assert over so-called independent contractors, the more likely a court will call them employees.

Jury’s discrimination award is subject to withholding

08/29/2013
A federal appeals court has ruled that a former employee’s Title VII jury award was taxable back pay and front pay. The employer, therefore, didn’t need to seek the trial court’s approval to withhold taxes, even though the award didn’t explicitly allow the employer to withhold.

When competition might come from within, keep employees honest

08/28/2013
It’s a situation that happens more often than you might think: An em­ployer finds out that one of its em­ployees is preparing to leave and set up her own shop. But is the employer handcuffed, un­able to do anything about the up­start competitor because this employee didn’t sign a noncompe­tition agreement?

YUM! Brands faces yucky wage-and-hour lawsuit

08/28/2013
The parent corporation for such fast food icons as Taco Bell, KFC and Pizza Hut faces a class-action lawsuit alleging numerous wage-and-hour violations in California.

Nags Head hotel settles suit over religious accommodation

08/28/2013
A hotel company that owns a Com­­fort Inn in Nags Head on the Outer Banks has agreed to settle a religious discrimination case after it stopped accommodating an employee’s religious needs.