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Employment Law

Consult lawyer before reclassifying employees

12/12/2012
Before you jump on the independent contractor bandwagon, remember that when challenged, many such 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.

Hysterics may be sign FMLA leave is required

12/12/2012

Here’s something to consider before you reflexively terminate an employee who walks out. If she’s so distraught that she’s shaking, crying and hysterical, she may need FMLA leave. Instead of terminating her, let her know she should request FMLA leave.

Caregiver leave: Was this firing disability discrimination?

12/12/2012
A refusal to grant time off as an accommodation for the disability of an employee’s family member will only pass muster for employers too small to be covered by the FMLA or employees who did not work long enough to be eligible for FMLA leave.

OK to fire worker who took FMLA leave–as long as reason doesn’t involve FMLA

12/12/2012
Taking FMLA leave doesn’t protect employees from being fired for other reasons.

Whether layoff affects one or 100, use solid business reasons to justify job cuts

12/12/2012
Sometimes, all it takes to cure a budget shortfall is to cut one position. As a business move, doing so is just as valid as conducting a much larger layoff. As long as you can show the change was based on business needs, you won’t lose a discrimination case.

Stop litigious employees’ amateur sleuthing! Set policies to ban unauthorized recordings

12/12/2012
Surreptitiously gathering evidence in violation of your rules isn’t protected activity and can’t be the basis for an employee’s subsequent retaliation lawsuit.

Lorain, Steubenville union elections challenged by DOL

12/12/2012
The U.S. Department of Labor has sued two United Steel­­workers of America locals in Ohio over alleged union election irregularities. The DOL wants both April 2012 elections nullified.

Beware bias claims if pay cuts are looming

12/12/2012
Like many state and local government ­employers, you no doubt are looking to cut ex­­penses, including labor costs. If you must scale back employee pay, make sure that there’s no discrimination in whose salary is cut. Other­­wise, your savings may be eaten up in litigation costs.

Request for ’50 state club’ lands boss in lawsuitland

12/12/2012
Two male bartenders at a Hilton in Minneapolis are suing the hotel, claiming they were punished for spurning a female manager’s sexual overtures and then complaining about the sexual harassment.

EEOC: Domestic violence victims may be protected from job bias

12/10/2012
A new fact sheet from the EEOC clarifies that Title VII and the ADA “may apply to employment situations involving applicants and employees who experience domestic or dating violence, sexual assault, or stalking.” You may need to update your anti-bias and anti-harassment training.