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Employment Law

Franco slacks, NYU prof sues after getting sacked

01/05/2012

What’s weirder: Actor James Franco earning a D in a drama class, or a NYU professor alleging he got the ax for ­giving Franco the lousy grade? José Angel Santana, who taught Franco in a 2010 directing class, says the university was so eager to please its star student that it retaliated when Santana issued the low grade.

Poor service an issue? Seek customer testimony

01/05/2012

If you have employees who deal directly with customers, how they handle those interactions may be grounds for dismissal. When a customer complaint plays a role in a discharge decision, make sure you can locate that customer later. Customers’ testimonies can be powerful in court because juries tend to view customers as impartial.

Who is responsible for temp’s claim for workers’ comp benefits?

01/05/2012
Q. We hired a temp worker through an agency while one of our employees was out on a 12-week pregnancy leave. Five weeks after she started with us, she was injured at work. Are we responsible for her workers’ comp claim, or is the temp agency responsible?

Is there anything in the law that makes it illegal to change employees’ schedules?

01/05/2012
Q. We run a small printing company and have an employee whom we want to move from the day shift to the swing shift. Although this employee has the most seniority, he has the least experience with the presses we run during the day. When we told the employee of our plans, he said that moving him would be illegal. Is he correct? We are worried that if we move him and he quits, it won’t be the last time we hear from him.

What’s a standard workweek?

01/05/2012
Q. What’s the definition of a standard workweek? One of our employees claims that overtime is defined as anything over eight hours per workday. Is he correct?

Dive into 2012: Get your policies in shape for the new year

01/05/2012
As we enter 2012, it’s a good time to review employment policies and practices in light of the government’s aggressive efforts to enforce employment laws. The National Labor Relations Board, the EEOC, the DOL and its Office of Federal Contract Compli­ance Programs are all cracking down on employers.

Hershey School HIV case highlights ADAAA’s reach

01/05/2012
The Milton Hershey School, founded by chocolate magnate Milton Hershey to help underprivileged children, faces discrimination charges after it refused to admit a 13-year-old boy who is HIV-positive.

NLRB pushes back pro-union poster requirement to April 30

01/05/2012
The National Labor Relations Board has postponed until April 30 the date when employers must display a new pro-union poster. The change came at the request of a Wash­­­­­ing­­ton, D.C., federal court hearing business groups’ legal challenge re­­garding the rule.

Muslim scarf ban costs $50K for Philadelphia security firm

01/05/2012
Philadelphia-based Imperial Security will pay $50,000 to settle EEOC charges it discriminated against a woman and fired her because of her religious attire.

Pittsburgh Panera manager: I was fired for refusing racism

01/05/2012
A former manager at a Pittsburgh-area Panera Bread shop is suing the chain, claiming he was fired in retaliation for refusing to implement his boss’s racist directive.