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Employment Law

Don’t delay, even for one day! Assault allegations demand response ASAP

12/19/2012
Here’s a reminder for all supervisors and managers: Tell them they must spring into action immediately if an employee reports some form of sexual assault. There’s no waiting allowed—not even one day. Otherwise, a repeat performance the next day may create liability.

Read entire EEOC claim to understand full nature of employee’s complaint

12/19/2012

Employees must file an EEOC complaint before suing their employer over most forms of federally prohibited discrimination. Generally, any claims not included in the complaint don’t count. However, don’t assume that the only parts of the complaint form that matter are the checkmark boxes listing various forms of discrimination.

Back anti-harassment policy with robust training, enforcement

12/19/2012

It’s great that you have a hostile work environment policy in place and cover it in your training. But none of that will do you much good if supervisors remain oblivious. If hostile acts occur despite your policy, it won’t provide much protection. That’s why you must be proactive.

DOL: Raleigh restaurant must pay back wages

12/19/2012
Raleigh’s Dos Taquitos restaurant must fork over almost $50,000 in back pay to 26 employees the U.S. Department of Labor says were shortchanged.

Asking for workers’ comp isn’t ADA-protected

12/19/2012
The ADA protects disabled em­­ployees from retaliation for claiming their right to accommodation and freedom from discrimination. But it’s sometimes tough to prove disability under the ADA, requiring a fairly serious medical condition.

Do we have to pay for unapproved overtime?

12/18/2012

Q. We have a policy requiring employees to get written permission before they are allowed to work any overtime. However, I have one employee who comes in early and stays late without approval. Must I pay him overtime?

What are our obligations to smell-sensitive employee and her co-workers?

12/18/2012
Q. Our office of about 30 people has been “asked” to stop using perfume and any other type of product that contains a fragrance because one employee claims those smells “bother” her. Everyone else feels this unfairly restricts the freedoms of the majority. Is there any legal backing to either side of this debate?

Are there any downsides to paying a holiday premium to exempt employees?

12/18/2012
Q. Our policy says employees who work on holidays are paid time-and-a-half. If an exempt employee works on a holiday, can I pay him time-and-a-half?

What Obama administration’s second term means for employers

12/18/2012
With President Obama taking the oath of office this month, employers are wondering what his second term will mean for them. Here is a sampling of the issues.

Settlement soon? EEOC rules Wet Seal discriminated

12/18/2012
Clothing retailer Wet Seal appears headed for a settlement after the EEOC ruled against it in a race discrimination complaint that alleged a high-level effort to trim the number of black employees working at the teen fashion retailers’ stores.