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Employment Law

Remind bosses: No comments about ethnicity

08/28/2012
There are some things supervisors just shouldn’t say even in jest—including anything concerning race, national origin or any other protected characteristic. Comments on those topics regularly come back to haunt employers when employees file discrimination lawsuits.

Ensure business need for literacy requirement

08/28/2012

Do you require basic literacy for every job? If so, the EEOC may soon be knocking on your door. The agency has just won the right to rifle through an employer’s files for job descriptions to justify a broad literacy requirement.

How to change pay scales without triggering age bias suits

08/24/2012
If you are contemplating changing your compensation structure to re­­flect today’s lean job market, do so carefully—especially if you suspect you may be overpaying some senior employees for the work they do.

OK to pay overtime to salaried supervisors?

08/23/2012

Q. Our company pays overtime to salaried supervisors for hours they work over 40 in a week. I have never heard of this compensation practice. Is it legal?

Is it legal to terminate a highly paid employee just because he earns so much?

08/23/2012

Q. We need to cut costs, and have started to explore trimming our staff, starting with those who earn far more than other employees. Are there any dangers in doing so? Can we legally fire a high-earner because of his salary?

‘Textual’ harassment? OMG! Develop policy B4 you face lawsuit

08/23/2012
One of the most dangerous smartphone functions (from the employer perspective) is also one of the simplest: sending text messages. Considering the rise in harassment claims based on texts, employers should develop policies addressing textual harassment in the workplace.

EEOC forces cardiologists to have change of heart

08/23/2012
A Western Pennsylvania cardiology practice has agreed to settle EEOC sexual harassment charges alleging that its doctors routinely made sexually offensive and debasing comments to women who worked there.

Want to fire employee for attendance problems? Make sure no absences are FMLA-related

08/23/2012
It’s frustrating to deal with employees who call in on short notice to say they won’t be able to make it to work. Even so, don’t let it get to you. An angry reaction could launch an FMLA lawsuit. That could happen if you are already thinking about terminating the employee.

Suspect employee is scamming FMLA leave? Investigate–and discipline if it’s true

08/23/2012

When an employee takes FMLA leave because her physician says she’s too sick to work and needs to stay home, it’s natural to assume she’ll follow the doctor’s orders. But what if you discover that she isn’t—and is instead working for someone else during her leave? Can you terminate her? Of course.

Fayette County grocer to settle sex harassment beef

08/23/2012
A Fayette County grocery store will pay $95,000 to settle four sexual harassment complaints filed by female employees who alleged the store’s meat manager harassed them by constantly making crude remarks and touching them.