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Employment Law

‘Cross-burning’ teacher files another appeal

01/06/2012
An Ohio science teacher who unsuccessfully sued to win back his job after being fired for branding a cross on a student’s arm and proselytizing his Chris­tian beliefs in the classroom has filed an appeal in federal court.

In RIF, use same criteria you use for hiring

01/06/2012

Sometimes, layoffs are inevitable, something that’s always hard—and often a legal minefield. Get it wrong and your attorneys’ fees can easily exceed the labor costs you hoped to save. Decide who should go in much the same way you decide who should fill a new position.

Worker makes threats? That’s a firing offense

01/06/2012

Some employees are simply difficult to manage. They start argu­­ments and may see harassment or discrimination everywhere. But sometimes they cross a line, implying they could get violent. How you handle their complaints can spell the difference between winning and losing a lawsuit.

Can employees have fun while on FMLA leave?

01/06/2012
Sure, a birthday party may lift your spirits. But Congress probably didn’t have party attendance in mind as “covered treatment” when it gave employees the right to take FMLA medical leave. Still, should you instantly fire a worker for attending a party while on FMLA leave?

How to help disabled employees deal with emergencies

01/05/2012
A major focus of emergency planning concerns how to help people with disabilities. However, employers must remember that federal laws may restrict what employers can do in emergencies.

2012 enforcement trends in employment law: hiring and safety

01/05/2012
We’re now well into the first quarter of the year and already a few trends are becoming apparent in the way the federal government will enforce labor and employment laws in 2012. Two significant em­­phases will be hiring discrimination and workplace safety.

Ex-NBA cop claims firing was retaliation

01/05/2012

Looks like the National Basketball Association will make up for time lost to the lockout by playing on both the basketball and legal courts for the next few months. A former NBA security official claims his firing last summer was retaliation for reporting sexual harassment incidents.

Lawsuit against theater says bias was all in the family

01/05/2012
To prove age discrimination, a fired employee must be age 40 or older and show that she was replaced by someone under 40 who was less qualified. Marcy Starnes, who managed the Carmel Cinema in Putnam County, didn’t have to look far to find her replacement. It was her daughter.

$16M suit could require lots of cuts for trendy NYC salon

01/05/2012
A hairdresser who once worked at Manhattan’s trendy Devachan has filed a sexual harassment lawsuit against the hair salon, where cuts go for $300. It’s a big one, too: She’s seeking $16 million!

Immigration status irrelevant to FLSA and state wage claims

01/05/2012
A federal court hearing a Fair Labor Standards Act case has ruled that an em­­ployee’s immigration status is irrelevant and can’t be mentioned to the jury.