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Employment Law

Employee behaving strangely? Think twice before urging her to seek counseling

09/13/2012

Do you have an employee you think is acting strangely? Do you think she might benefit from counseling? Before you tell her she needs to get help, consider that she just might try to sue you instead. That’s especially true if she refuses counseling and then loses her job.

Beware lawsuits when top brass spouts bias

09/13/2012
When those at the top of the organizational chart make racist and other offensive comments, trouble is sure to follow. Not only do slurs often bring negative publicity, but they also taint otherwise independent employment decisions.

Employee unable to sign time sheet: What do we do?

09/13/2012

Q. If an employee is not available to sign his or her time ­sheet, can the supervisor sign the employee’s name and include the supervisor’s initials and a comment stating that the employee is not available to sign?

Manager divulged private health info: Now what?

09/12/2012
Q. We approved an employee to take FMLA leave to care for her seriously ill father. The problem is that her supervisor has shared the details of the dad’s illness with other employees. This is a breach of confidentiality. The employee has complained. What should happen to the supervisor?

At work and online: NLRB restricts employers’ social media rules

09/10/2012

Many employers have social media policies that attempt to control what employees say on social media. Poli­­cies that overreach may violate the NLRA. In response, the NLRB has issued a memorandum summarizing key points in its recent decisions concerning social media.

DOL docks federal funding to pay contractor’s back wages

09/10/2012
The U.S. Department of Labor’s Wage and Hour Division will deduct unpaid wages and benefits from future government payments to Lettire Construction Corp. to settle violations of the Davis-Bacon and Related Acts …

In Lower Manhattan, how about a slice of class action?

09/10/2012
A federal judge has certified a class-action lawsuit against Manhattan’s hip Adrianne’s Pizza Bar. Current and former workers allege they were not paid minimum wage, overtime and “spread-of-hours” premiums required for restaurant employees who work long split shifts.

HR suspects discrimination? Lawsuit just got stronger

09/10/2012
An employee must levy very specific allegations for a bias complaint to become protected activity—unless HR already suspects discrimination.

Management won’t back boss’s discipline? That’s not automatically discrimination

09/10/2012
A supervisor can’t successfully sue for discrimination merely because management fails to back up his decision to discipline a subordinate. The supervisor must prove that management didn’t support his decision because of his membership in a protected class.

ADA requires accommodation of customers with service dogs

09/10/2012
Under the ADA, customers or employees may bring service animals with them to work or to a public place like a restaurant or a store. Smart employers make sure employees know their obligations and treat the animal and its owner appropriately.