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Employment Law

Discovered wage-and-hour irregularities? Act fast to fix

05/09/2013
When it comes to paying hourly employees for all hours worked, the best policy is to fix any mistakes as soon as you can. Chances are, doing so will reduce your liability down the line.

Ensure supervisors understand they must be alert for FMLA scenarios

05/09/2013
Employees don’t always know to ask specifically for FMLA leave. Some may not even know they are entitled to time off for a serious health condition. But that doesn’t mean you can ignore the obvious and discipline a worker for missing work when it’s clear he or she may be entitled to FMLA leave.

Unseen lawsuit peril: Too much performance input from too many co-workers

05/09/2013
Seeking performance appraisal input from too many employees can cause problems if you’re sued by a terminated worker. The wider a net you cast, the more likely someone will be called to testify about his or her opinion of the discharged employee’s performance. The problem: If any of those co-workers retire, quit and move on, you may have trouble tracking them down.

Age discrimination: Quest for ‘new blood’ will bleed a company’s bank account

05/08/2013
Make sure your supervisors realize that their off-hand remarks about employees’ protected characteristics—age, race, gender, religion, disability—could someday appear in a courtroom on giant laminated posters as part of an employee’s discrimination lawsuit.

DOL nominee Perez answers Senate questions about … DOJ

05/07/2013
Labor Secretary-designate Thomas Perez spent most of his time before a Senate confirmation committee April 18 testifying about his current job as head of the Justice Department’s Civil Rights Division.

New FMLA regs in effect: Update your military leave policy

05/06/2013
In 2008, Congress expanded the FMLA to include two types of military leave: exigency leave and military caregiver leave. In 2010, Congress expanded those leave rights by applying them to the regular armed forces as well as National Guard members and reservists. Now those changes have been officially implemented with new regulations from the DOL.

Firm pays $190,000 to settle Astoria race harassment case

05/06/2013
A Pennsylvania-based energy-industry staffing firm has agreed to pay $190,000 to a black former employee to settle charges that a foreman har­­assed and physically abused the man because of his race.

In NYC, no more bias against unemployed job applicants

05/06/2013
Controversial amendments to New York City’s Human Rights Act take effect June 11, allowing job applicants to sue for discrimination against a new protected class: the unemployed.

Court: Trial for mentally ill worker denied transfer

05/06/2013
A court has OK’d a trial for a mentally ill worker who was turned down when he asked to be transferred to another supervisor. The man blamed his subsequent discharge on a failure to accommodate.

Combat co-worker harassment with effective policy, prompt action

05/06/2013
You can’t prevent all sexual har­­assment, but you can do plenty to avoid liability when it does happen, at least when the harasser is a co-worker. Start with a clear anti-harassment policy, and make sure everyone under­­stands it.