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Employment Law

Reason prevails: Court limits supersized class actions

09/02/2011
Courts are beginning to rein in col­­lec­tive actions, in which a few com­­plaints about unpaid overtime can explode into massive litigation if courts aren’t careful.

Employee won discrimination case? Understand bias laws’ cap on punitive damages

09/02/2011

Employees who win discrimination cases are sometimes entitled to punitive damages if their employer’s actions were egregious. But those damages are capped based on the employer’s size. Now the 5th Circuit Court of Appeals has clarified that the cap applies to all claims brought by the same party, even if she wins on several claims.

OK to lay off worker who’s out on FMLA leave if it’s a business necessity

09/02/2011

Some employees assume that they will always get their jobs back after taking FMLA leave. Usually that’s true, but not always. Take, for example, a case in which an employer needs to lay off workers. An employee’s FMLA status doesn’t necessarily protect her job in such a situation.

Make sure supervisors understand: Do not ­discourage employees from using FMLA

09/02/2011
The FMLA gives eligible em­­ployees an absolute right to take leave and prohibits employers from discouraging employees from taking that leave. Anything that dissuades employees from using FMLA leave is grounds for litigation.

Brief tenure, quick settlement with El Paso Starbucks

09/02/2011
Elsa Sallard, a dwarf who worked as a barista at an El Paso Starbucks, has settled her lawsuit against the company for $75,000. Sallard claimed Starbucks fired her after just three days on the job when she asked to stand on a stool behind the counter.

Don’t fear old, properly resolved complaint

09/02/2011

When faced with discipline and the possibility of getting fired, some employees try to revive old complaints that have long since been resolved. They hope that resurrecting an old complaint will make their employer think twice about terminating. But employers are entitled to get work done. Don’t let a ploy like this prevent legitimate and necessary discipline.

Beware double damages when sued under EPA

09/02/2011
Here’s something to consider when reviewing your pay and compensation packages: Employers that lose an Equal Pay Act claim may end up paying double damages.

Remind supervisors: Constructive criticism is expected–not an excuse for employees to sue

09/02/2011

Some employees are overly sensitive. They may perceive punishment or discrimination in something the boss considers merely constructive criticism. Tell supervisors: Don’t shrink from offering criticism, even in the case of a high performer who otherwise has earned a good evaluation.

Are there perils in giving a pay raise in hopes of boosting employee performance?

09/02/2011
Q. About four months ago, we gave a pay raise to a marginal employee who is pregnant, in hopes that it would improve her job performance by boosting her morale. Unfortunately, her performance has gone from bad to worse. If we fire her for poor performance, can she successfully argue that the recent raise indicates that she was performing well and that our reason for terminating her was discriminatory?

Bill would expand FMLA for ‘parental bereavement’

09/02/2011
With divided government in Congress, gridlock reigns for most employment-law bills. One bill that has a slim chance: the Parental Bereavement Act, which would amend the FMLA to allow employees to take FMLA leave after the death of a child.