• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

SunTrust sued after harassment allegations surface in Sarasota

08/14/2012
SunTrust faces a federal sexual harassment lawsuit after three women who worked at the bank’s Sarasota Gulf Gate branch accused a manager of inappropriate touching and making lewd and unwelcome comments about their anatomy, sex lives and dating habits.

Subway can’t make workers suffer for ‘art’

08/14/2012
A Tampa-area Subway franchisee will pay $7,536 in back wages plus $3,768 in liquidated damages following a ruling by a federal judge that workers should have been paid for the time they spent taking a required “Sandwich Artist Certification” course.

Normal pregnancy isn’t an ADA-covered disability

08/14/2012
Employees undergoing normal pregnancies don’t have an ADA claim.

Win lawsuits the easy way: Always document discipline

08/14/2012
Smart employers have policies that require supervisors to document all discipline. That documentation can come in handy if a discharged employee decides to sue. The fact is, employers usually win lawsuits if they show they had a legitimate reason for an employment decision.

Consider ADA–not just the FMLA–when employee experiences difficult pregnancy

08/14/2012

Most pregnancies proceed normally, with little or no real trouble for the mother. However, that’s not always the case. When things go wrong, the mother-to-be may be entitled to reasonable accommodations under the ADA. That’s true even if she hasn’t worked for her employer long enough to be eligible for FMLA leave.

Employee late submitting FMLA certification? Don’t just fire! Find out why

08/14/2012

Employees are supposed to get FMLA certifications back to their employers within 15 days. But it’s not a good idea to terminate an employee simply because you didn’t receive the paperwork on time. The FMLA regulations include an out for employees who miss the deadline for reasons beyond their control.

Remind bosses: The wrong choice of words can bolster an employee’s retaliation lawsuit

08/14/2012
Ill-chosen words can haunt incautious supervisors. Example: Using the term “slacker” to describe someone who misses lots of work. Here’s why: Disparaging comments may be proof that the employer retaliated against an employee for taking too much leave.

Court punts on kosher ministerial exception

08/14/2012
Under Title VII, religious institutions that employ workers to engage in religious activities are exempt from complying with anti-discrimination laws under the so-called ministerial exception. But what about minimum wage and overtime? Are ministerial employees entitled to protection under the FLSA?

New hire requests FMLA? Beware retaliation

08/14/2012
Is it protected activity that can’t be punished if an employee who is not yet eligible asks to take FMLA leave? Put another way, can an employer fire an employee who requests FMLA leave before the employee is actually eligible? A federal court has said, “No!” That’s illegal retaliation.

Consistent discipline makes it easier to beat employees’ discrimination lawsuits

08/13/2012
For employers, the best way to win discrimination lawsuits is consistency. When you enforce a workplace rule, do so for everyone who violates that rule—every time. That makes it difficult for an employee to cry discrimination over a discipline dispute.