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

Employment Law

Avoid new legal risk: Train supervisors to stamp out hostile work environment retaliation

07/12/2012
The 11th Circuit Court of Appeals has approved new grounds for discrimination lawsuits. It recently ruled that employees who file discrimination complaints can sue for retaliation if their employers punish them with a hostile work environment.

When employee is pregnant, insist on HR approval for every job-related move

07/12/2012
Not every pregnancy is the same and not every pregnant woman can perform her job right up until she goes into labor. Because there is so much variability and because women are protected from pregnancy discrimination, it’s crucial to consider each case individually.

Adjust internal pay scales to end sex bias

07/12/2012
The Equal Pay Act (EPA) requires that men and women in the same workplace be given equal pay for substantially similar work. If you discover a pay disparity between substantially similar male and female employees, fix the problem right away to let women catch up. Don’t use pay policies as an excuse to slow the process.

Did the 6th Circuit just approve a claim for benign discrimination?

07/12/2012
In Litton v. Talawanda School Dis­­trict, a demoted and transferred custodian sued his employer for age and race discrimination. In Litton, did the 6th Circuit unwittingly create a cause of action for benign discrimination? Or, is this case an aberration that future courts will distinguish and disregard?

Republic Steel reaches safety accord with OSHA

07/12/2012
Canton-based Republic Steel has agreed to settle outstanding training and safety issues discovered in the aftermath of a worker’s fall in 2010.

Say what?! OSHA fines Kamps for hearing hazards

07/12/2012
Presumably, Kamps Pallets heard from OSHA via nonverbal means. The company’s plant in Versailles faces fines for 10 OSHA violations after inspectors discovered conditions so noisy that workers’ hearing was endangered.

Retaliation can stick even if underlying complaint doesn’t

07/12/2012
Employees who report harassment are protected from retaliation, even if the underlying complaint lacks merit.

Document decision-making criteria before choosing who stays and who goes in RIF

07/12/2012

Courts understand that during a RIF, perfectly competent employees may lose their jobs. Any legitimate business reason can back up that decision. Just make sure you document the reason before you terminate anyone.

Afraid you miscalculated FMLA eligibility? Act immediately to correct your mistake

07/12/2012

The FMLA is difficult to administer, especially now that it has been amended to include additional time off in connection with military service. Plus, new FMLA regulations make more workers eligible for leave if they care for a child. Rest assured that if you promptly fix an innocent mistake when it’s brought to your attention, you won’t be automatically liable for FMLA interference.

Changing compensation systems? Here’s how to avoid age discrimination claims

07/12/2012
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 employees for the work they do. The problem: Older, more experienced workers may be at the top of your pay scales.