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Employment Law

NLRB: Arbitration agreements can’t ban class-action lawsuits

01/10/2012
The National Labor Relations Board has ruled that employers can’t require employees to sign arbitration agreements that ban class-action lawsuits. The decision—almost certain to be challenged in court—caps months of controversy at the NLRB, the government body that enforces the National Labor Relations Act.

Special performance measures deviate from usual practice? Be sure to document reason

01/09/2012
Courts don’t want to second-guess employers unless they feel they have no alternative. When an employee charges discrimination based on different treatment because he belongs to a protected class, the court first looks at the employer’s rules and tries to see if they have been enforced consistently.

Always investigate discrimination complaints to ferret out boss bias, prevent retaliation

01/09/2012
Ignoring a discrimination complaint can set in motion an un­­stop­­pable litigation train wreck. That’s especially true if you fail to in­­vestigate a boss who ends up retaliating against the complaining employee.

Make termination decisions stick by documenting discipline at the time it occurs

01/09/2012

If you want a termination decision to stand up in court, make sure you carefully document all discipline that occurred before the firing—and do so at the time the discipline occurs. Otherwise, chances are a court or jury may assume the earlier incidents didn’t happen.

Elyria suit highlights harassment investigations

01/06/2012
Multilink, an Elyria-based supplier of computer networking equipment, is fighting off an EEOC sexual harassment lawsuit that might have been prevented if it had investigated an employee’s initial complaint.

Cuyahoga pays $100K to settle with gay former employee

01/06/2012
Former government employee Shari Hutchison has settled her discrimination complaint against Cuyahoga County for $100,000 after winning a landmark decision for gay and lesbian workers.

President proposes new pay rules for home health workers

01/06/2012
In an attempt to right what he perceives to be a wrong-headed Supreme Court decision, Presi­­dent Obama is asking the U.S. Depart­­ment of Labor to change FLSA regulations covering home health care workers.

Minor lifting restriction doesn’t mean ADA disability

01/06/2012
Not every injury causes a disabling condition that qualifies for ADA protection.

Threatening suspension could be retaliation

01/06/2012
Warn bosses: Threatening someone with discipline may be retaliation.

Solid record-keeping is the key! Document pay criteria to shoot down EPA cases

01/06/2012

Employers are free to pay em­­ployees different rates based on training, experience and education. You’ll be fine as long as you can justify your pay criteria. However, an employee’s sex is never a legitimate differentiator.