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Employment Law

Suspect that ’emergency’ was bogus? When to ask for a (real) doctor’s note

06/16/2011
Some people will do anything to get out of work early, including lying about their child’s health. One employer did the smart thing and demanded proof when it became suspicious.

Feds issue new tip credit pooling rules

06/15/2011
Employers are now free to set the percentage of employee tips that can be placed in a tip pool. In years past, several court decisions conflicted with the U.S. Department of Labor’s position restricting the amount of tips an employer could require to be pooled.

It takes more than protected status to win lawsuit

06/15/2011
Here’s some good news for employers. Courts are beginning to toss out more lawsuits in the early stages if it becomes clear an employee has no case. Judges are telling employees they have to come to court with real facts—not just allegations they were discriminated against.

Not all harassment based on sex is illegal

06/15/2011

Some employees mistakenly believe that teasing, joking and otherwise making fun of an employee is always grounds for a harassment lawsuit. That’s not true. For example, in order to sue for sexual harassment, employees have to show that the conduct they object to is somehow tied to their gender.

Ensure romance rules protect against association bias

06/15/2011
Consider this when writing policies: Employees can sue if their employer discriminates against them because of their “association” with a member of a protected class. And that association can include dating and other intimate relationships.

Feel free to deny employees’ FMLA leave requests that aren’t legitimate under the law

06/15/2011

Some employees think they’re entitled to FMLA leave for every family emergency. They’re wrong. You should only grant leave requests based on legitimate reasons and reject clearly frivolous ones. You should also require employees to follow your rules and provide adequate notice.

Learn from public employee’s ‘reputation’ suit–even if you’re a private-sector employer

06/15/2011

Government employees have some rights that private-sector employees don’t have, including so-called liberty and property interests in their jobs. That can include the right to a hearing and an opportunity to present their side of the story before being discharged. It also includes the right to preserve their reputations.

Thinking of stiffing illegal immigrant workers? Better be ready to defend huge class-action suit

06/15/2011
The fact that a worker is in this coun­try illegally does not mean he can’t file a Fair Labor Standards Act overtime lawsuit. What’s more, that case can turn into a class-action suit, representing all other similarly situated illegal workers.

Allow FMLA leave before terminating employee

06/15/2011

Are you thinking about terminating an employee for good business reasons, but know he needs to take FMLA leave? While you can legally discharge him, he could challenge the termination as interference with the right to FMLA. But what if you allowed him to take FMLA leave and told him not to return?

Quiz for managers: Documenting discipline the legal way

06/14/2011

If an employee ever sues, you need to have strong documentation of performance, behavior and discipline issues. Managers sit on the front lines of the documentation battlefield. Have your supervisors take our quiz to test their knowledge of documentation do’s and don’ts. Plus, learn three documentation rules every manager must know.