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Employment Law

EEOC to N.C. janitorial firm: Clean up this debt!

09/01/2011
Access Services, a Charlotte-based janitorial services company, must ex­­plain to a judge why it failed to make court-ordered payments after it settled an EEOC discrimination lawsuit brought by a former employee.

Not every complaint is protected activity

09/01/2011

Some employees seem to believe that any complaint they make about their employer is protected activity. Thus, they may assume that any punishment they experience is retaliation worthy of a lawsuit. Fortunately, that’s not necessarily true.

Document discharge decision at time it’s made

09/01/2011
When an employee senses that she may be in trouble and about to lose her job, she may begin to review the last year or so with an eye toward filing a pre-emptory lawsuit. If she suddenly remembers alleged acts of discrimination, she’s sure to complain. But she won’t win in the end if her employer can show it made the decision to fire her before she ever complained.

How to manage ‘super-qualified’ employees

08/31/2011
With unemployment still running above 9% nationally, many people are taking jobs that are lateral—or even downward—moves in their careers. As a result, many managers are supervising employees who have far more experience than the job requires. Use the following guidelines to effec­tively manage overqualified workers and lengthen their stay:

Pregnancy bias law doesn’t guarantee leave for child care

08/31/2011

The Pregnancy Discrimination Act says it’s unlawful to discriminate against applicants and employees “on the basis of pregnancy, childbirth or related medical conditions.” But the PDA doesn’t grant pregnant workers any special, additional rights to time off for child care.

Working online before commuting: Is drive time paid?

08/30/2011

Many employees spend time at home before or after their workday checking email. For nonexempt employees, that work could count as paid time if it amounts to a “substantial” amount of time. But now some hourly employees have begun to raise a related issue: If they start the day with a few work emails, shouldn’t they be paid for the time they spend commuting to work?

Punishing worker for loud complaint: Retaliation or legit insubordination penalty?

08/30/2011

Employers obviously can’t punish employees simply because they complain about discrimination. That would be retaliation. But that doesn’t mean you have to tolerate loud, obnoxious or disruptive complaints, no matter their content. That’s simply unacceptable in the workplace … and grounds for legal termination.

Business balks at NLRB ‘quickie election’ proposal

08/29/2011
In a public hearing this summer, business groups weren’t shy in blasting a proposal by the National Labor Relations Board that would expedite the process by which employees vote on forming a union. Brian Hayes, the only Republican member of the NLRB, called the push for such “quickie” or “ambush” elections a “radical manipulation of our election process.”

Keep meticulous employee performance records

08/26/2011
Face it: One of these days, a disgruntled former employee will sue your organization. You can’t predict which one—or for what reason. That’s one of the most important reasons to keep detailed and meticu­­lous records on employee performance.

Is it legal for employees to secretly record their performance evaluation meetings?

08/26/2011
Q. One of our employees secretly used his iPhone to make an audio recording of his review meeting. Is that legal?