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Employment Law

Spike in religious, national-origin job bias claims

02/09/2012
For the second year in a row, the EEOC received a record number of employee job discrimination claims (99,947 in 2011). New EEOC figures show that religious and national-origin bias claims saw the biggest increases last year, up 10% and 5%, respectively.

Fed contractors face new disability staffing quotas

02/08/2012
The U.S. Office of Federal Contracts Compliance Programs (OFCCP) proposed a new rule that would require federal contractors and subcontractors to have at least 7% of their workforce contain people with disabilities.

HR’s loose lips can sink your company’s defense

02/07/2012
Sometimes in HR, you know more than you want to know. But as this new court ruling shows, sharing in­­side information with an employee isn’t a smart move … for your em­­ployer or your career.

Can dermatologist tell worker to tone down the tan?

02/06/2012
Q. We’re a dermatology practice and one of our new em­­ployees is excessive with tanning. She has a dark tan and sometimes is sunburned. We promote the opposite of what she does. She also wears tight low-cut tops. Are we allowed to say something in both regards?

NLRB’s latest crack at social media policy? What a mess!

02/03/2012
In late January, the National Labor Relations Board released an “Operations Management Memo” that purports to offer additional guidance to employers and HR professionals concerned about employees’ use of social media. I can sum up the NLRB’s report in three words: What a mess.

OSHA scratches surface, finds unexpected chicken problems

02/03/2012
Some companies are careless, some are unlucky. Apparently Case Farm Chickens is both. Not only is the company facing $288,000 in fines for 61 OSHA violations, but it experienced an ammonia leak the day OSHA inspectors showed up at its Wineburg facility.

Panera Bread gets double helping of bias litigation

02/03/2012
An Ohio Panera Bread franchisee faces an additional lawsuit charging racial discrimination in the wake of a manager’s suit that claims he was fired for refusing to follow a racist directive.

Quit over offensive graffiti? He can get unemployment

02/03/2012
Here’s another reason to act fast when an employee complains about offensive graffiti in the workplace: He can quit and collect unemployment compensation benefits.

You can terminate someone on FMLA leave–as long as reason has nothing to do with FMLA

02/03/2012
Some employees mistakenly believe that if they take FMLA leave, they can’t be terminated. That’s not true. The FMLA regulations even allow employers to fire employees on FMLA leave before they return—if they can show the termination was unrelated to leave.

Subpar employee fired for good reason? He can still sue for FMLA retaliation

02/03/2012
Many employers don’t realize that they can still be sued for FMLA retaliation by a terrible employee that they fired for perfectly legitimate business reasons if there’s a possibility he was punished for requesting or taking FMLA leave.