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Employment Law

Not sure employee is eligible for FMLA leave? Play it safe and assume she is

04/11/2012
Once a supervisor or manager has reason to believe an employee may qualify for FMLA leave, the company is obligated to investigate. Ignoring that obligation can be a big mistake.

Boca Raton gas station draws ire for alleged religious bias

04/11/2012
It’s not just discrimination against workers that gets employers in trouble. Bias against customers can land them in hot water, too.

No job protection for urging criminal report

04/11/2012
In a recent case, the 11th Circuit Court of Appeals has refused to extend protected status to an investigator who wanted her company to go further than it was willing to after it discovered sexual harassment.

Nasty racial bias: Would you like fries with that?

04/11/2012
Does your computer system allow employees to write notes about customers? Do your employees think the customers will never see those notes? That’s a recipe for a disaster, as a California restaurant found out.

Place disabled worker on leave while mulling accommodations

04/11/2012
What can you do if an employee presents you with medical restrictions that limit his ability to perform essential functions of his job? If it’s clear he can’t actually do the job, you can place him on leave.

U.S. Supreme Court will decide the fate of health care reform

04/10/2012
The U.S. Supreme Court will decide the fate of health care reform before the end of June. No matter how the court rules on the constitutionality of the Affordable Care Act, its decision will affect employer-provided benefits for years to come.

Lady Gaga & the FLSA: A bad romance

04/10/2012
The former personal assistant to Lady Gaga has filed a lawsuit claiming the entertainer failed to pay her overtime. She says she’s owed hundreds of thousands of dollars.

Employee concedes shortcomings? Document it!

04/09/2012

Employees who lose their jobs have an incentive to sue—and they’ll often look for evidence of discrimination to form the basis of their lawsuits. But to win in court, employees have to show they were meeting their employer’s legitimate expectations. That’s hard to do if the employer can show the employee admitted her shortcomings.

Promoted? Judge performance in new job, not old

04/09/2012
Once in a while, promotions just don’t work out. Someone who was great at one job might bomb at another. That’s especially true if the new job involves different skills and talents. Don’t let past performance make you hesitate to discipline.

Employee performance not up to snuff? You must communicate your concerns

04/09/2012
Employers have an obligation to make sure employees know what kind of performance is expected of them. Under no circumstances should you wait until you’re ready to discharge the employee to put criticism in writing. That creates the suspicion that you came up with reasons as a cover for illegal discrimination.