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Employment Law

Black boss, white worker? Beware reverse bias

04/09/2012

Courts hold white employees who allege racial discrimination to a slightly higher standard than members of other protected classes. The higher standard is met if the white employee can show that the decision-maker is a member of another protected class.

Track, respond to every hostile incident report

04/09/2012

Here’s a tip that may prove in­­valuable if a former employee decides to sue over an alleged hostile work environment: Track and respond to every reported incident. That way, should a lawsuit later allege additional, more severe incidents, you are in a good position to argue they never happened.

Troy manufacturer charged with 55 safety violations

04/09/2012
OSHA has cited Troy-based welding equipment manufacturer Hobart Brothers Co. with 55 safety violations totaling $174,600 in fines.

Employee training: When must it be paid?

04/09/2012
If you offer extra off-duty training to your hourly employees, pay extra attention to the rules that explain when those hours must be “paid time.” In most cases it will, but the Fair Labor Standards Act does give you a four-step ladder to climb to a pay exemption.

Selling the company: When must we tell employees?

04/09/2012
Q. We are selling our small business (15 employees). The company buying us won’t be hiring our staff. How many days’ notice is required to notify our employees? Will our employees qualify for unemployment benefits?

EEOC tries to clarify rules on H.S. diploma requirement

04/06/2012
After the EEOC’s informal discussion letter about ­employers’ use of high school diplomas as a hiring prerequisite “caused significant commentary and conjecture,” the EEOC decided last month to issue additional guidance to help clarify the issue.

Employee sounds threatening during hearing? OK to suspend while you investigate

04/05/2012
Generally, employers shouldn’t react to anything an employee says during an EEOC hearing. That’s because you don’t want to face a retaliation complaint for participating in the hearing. However, there are practical limits to what employers have to tolerate.

Employee calling in ‘sick’ doesn’t automatically trigger your FMLA obligations

04/05/2012

Some employees believe all they have to do to invoke FMLA leave protection is to call in, say they’re “sick” and wait for their employer to request medical certification. Wrong! Merely calling in sick doesn’t trigger any employer obligations under the FMLA.

Employ veterans? Understand interplay with the ADA

04/04/2012
Do veterans returning from war with post-traumatic stress disorder (PTSD) qualify as “disabled” under the ADA and, thus, are due accommodations? Questions like that are answered in a new EEOC guidance document.

EEOC offers best practices to prevent caregiver discrimination

04/03/2012
Record numbers of working adults now care for elderly parents. In 2007, the EEOC issued its Employer Best Prac­­tices for Workers with Caregiving Re­­sponsibilities. Best practices fall into three groups: (1) general, (2) recruiting hiring and promotion and (3) employment terms, conditions and privileges.