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Employment Law

When employee has used up FMLA leave, consider additional time off under the ADA

03/29/2013
It’s a perennial puzzle: How should employers handle it when an em­­ployee has an FMLA-covered serious health condition that is also an ADA disability? Answer: Consider FMLA leave the minimum amount of un­­paid leave the employee can take.

Overbrook man sues Walmart, wants class action suit

03/29/2013
A former assistant manager at a Walmart store in Overbrook, Pa., is suing the retailer, claiming it repeatedly violated the FLSA by classifying assistant managers as exempt employees—and he wants to raise the stakes by turning the case into a class action lawsuit.

Appeals court upholds whistle-blower’s award

03/29/2013
Federal appeals courts are becoming more sympathetic to employees who report workplace dangers. The 3rd Circuit Court of Appeals has backed a plaintiff who says he suffered retaliation for claiming he was traumatized by a workplace accident.

You could personally pay for FMLA violations

03/29/2013
Some federal labor laws provide extra incentive for managers to understand how to administer them. The FMLA is one of those laws. It provides for individual liability for those who are responsible for approving FMLA leave and ensuring the employer follows the law on leave and reinstatement.

Health reform: IRS issues new rules on play-or-pay option

03/29/2013
The IRS has released regulations to explain the hefty penalties that covered employers would face under the Affordable Care Act if they fail to offer employee health insurance starting in 2014.

OSHA: Employers are liable for safety of temps, too

03/26/2013
OSHA recently issued a public warning, reminding that “em­­ployers must train all employees, including temporary workers, on the hazards specific to that workplace, before they start.”

DOL builds another OT case against construction firm

03/25/2013
PCM Construction Services has settled DOL charges that it cheated employees out of overtime pay when they worked more than 40 hours in a workweek. The problem: PCM paid nonexempt employees a flat salary regardless of how many hours they put in.

Charlotte security firm sued for same-sex harassment

03/25/2013
Charlotte-based Metro Special Police & Security Services faces EEOC charges that a captain and lieutenant, both men, solicited male security ­officers for sex and forced them to go to gay bars while on duty.

Offended employee must report ongoing harassment

03/25/2013
Employers that discipline employees who make racially offensive comments have done what’s required of them. Unless they hear about a recurrence, it’s safe to assume the problem was solved.

Court refuses to help pro se litigant after EEOC, attorneys reject her case

03/25/2013
Here’s some good news for em­ployers frustrated with former employees who file groundless discrimination lawsuits. Judges are increasingly unwilling to bend over backward to enable lawsuits that look like sure losers by assigning court-appointed attorneys.