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Employment Law

Assigning ‘too much’ work? Beware lawsuit for encouraging unpaid labor

10/10/2012
You may be tempting fate—and an FLSA class-action lawsuit—if your managers are demanding so much productivity from employees that they can’t reasonably get everything done in the time you allow. The problem: Nonexempt employees may feel compelled to work off-the-clock.

NLRB continues its attack on neutral employment policies

10/09/2012
The NLRB has continued its assault on garden-variety em­­ploy­­ment policies, issuing three decisions in recent weeks, each of which concluded that facially neutral employment policies violated employees’ rights to engage in protected concerted activity.

Kroger sued over manager’s treatment of disabled worker

10/09/2012
The Kroger grocery chain, headquartered in Cincinnati, is being sued for disability discrimination by a former employee in Texas.

Cincinnati gov’t. contractor draws Uncle Sam’s ire

10/09/2012
Meyer Tool has agreed to pay $325,000 to settle race discrimination charges leveled by the U.S. Department of Labor’s Office of Federal Contract Compliance Pro­­grams. The OFCCP claims the company systematically discriminated against black applicants.

Tone alone isn’t enough to turn neutral statement into evidence of bias

10/09/2012

The way an individual speaks can convey more than the actual words he or she uses. Body language, tone of voice and other mannerisms (such as rolled eyes) are also powerful communication. But that doesn’t mean that an otherwise neutral statement delivered with what an employee thinks is a demeaning tone can be the sole basis for a lawsuit.

Ensure policy lets employees report harassment to someone other than boss

10/09/2012
Your sexual harassment policy may not be worth the paper it’s printed on if doesn’t spell out an alternative reporting option for em­­ployees who allege they were harassed by their supervisors. You must allow employees to bypass their bosses.

Slow business forces RIF? Most staffing decisions won’t trigger bias liability

10/09/2012
If you need to conduct a reduction in force because of slow business, it’s perfectly legal to move employees around to better meet your new needs even as you lay off others. Few judges will second-guess those moves, even if the main im­pact is on one employee who happens to be a member of a protected class.

Ohio sushi chefs to slice up at least $100K in back pay

10/09/2012
Sushi Rock restaurants failed to ensure tipped employees made at least minimum wage, according to the DOL’s Wage and Hour Division. Now the chain must pay at least $100,000 in back pay, to be split among 54 employees.

ADA accommodations for caregivers?

10/09/2012

Under the ADA, employees who associate with disabled individuals can’t be discriminated against. But that doesn’t mean you are obligated to accommodate any schedule needs, provide additional time off or otherwise accommodate the employee so she can care for the disabled child.

Preventing and handling workplace harassment of teen workers

10/09/2012
Because of their youth and inexperience in the workplace, teenage workers are uniquely vulnerable to sexual harassment. It’s your responsibility to prevent harassment—and investigate it if it does occur.