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Employment Law

Banning noncompetes for the nonexempt

09/22/2022
Rep. Mike Garcia (R.-Calif.) introduced the Restoring Workers Rights Act on Sept. 1 2022, a bill that would ban the use of noncompetition agreements for nonexempt employees across the country.

Here’s what happens when your managers don’t follow your written call-out policies

09/22/2022
Under the Family and Medical Leave Act, an employer can insist that employees comply with the company’s “usual and customary” absentee notice procedures. Often those call-out procedures are part of written leave and attendance policies. But, as one company found out the hard way, “usual and customary” absentee notice can transcend formal policies and procedures when managers bend the rules.

Pay time-and-a-half or pay the price

09/22/2022
U.S. Department of Labor investigators found Done-Rite Tree Co. failed to pay overtime wages to 39 nonexempt workers in violation of the Fair Labor Standards Act.

Sexual harassment + retaliation = EEOC lawsuit

09/22/2022
A female employee was sexually harassed, then transferred and denied promotional opportunity because she complained. That triple whammy violation of federal law resulted in an EEOC lawsuit filed in early September.

Pay disparity lawsuit blooms

09/22/2022
A class action filed on Sept. 8 for claims under the Equal Pay Act asserts that women in managerial positions are paid at a lower rate than men in managerial positions.

Avoid letting client prejudice send you to court

09/22/2022
Here’s a warning about indulging prejudices. Judges don’t want to hear the excuse that you discriminated against a protected class member because your customer, patient or client demanded you do.

Employment nonprofit settles race discrimination

09/20/2022
A Black employee working for a nonprofit at Warren Air Force Base in Wyoming was subjected to racial slurs and other offensive racial comments by a White colleague.

Diner ordered to dish up $1.35 million

09/20/2022
The Empire Diner in Lansdowne, Pa., learned the hard way it’s not nice to steal your servers’ tips.

Court tosses anti-vax claim of religious exemption

09/15/2022
Handling requests to reasonably accommodate employees’ religious beliefs or practices can be tricky because the law defines religion rather loosely. Workers with beliefs clearly far outside mainstream religions are still protected from employment discrimination.

SHRM lawsuit puts spotlight on evaluations

09/15/2022
The best way to defend against a surprise discrimination lawsuit is to conduct accurate, regular reviews that assess a worker’s performance using as many objective standards as possible. Those evaluations then serve to back up any disciplinary action you take, even if the employee files an internal bias complaint and follows up with a lawsuit claiming subsequent discipline amounted to retaliation.