• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Court: Employees must give employers chance to fix errors

05/11/2011
Some employees think they can walk out on their jobs as soon as it looks like their employer is going to violate their rights. Then they sue, arguing constructive discharge. But courts expect employees to give their employers a chance to right wrongs.

It’s legit: Use differences in location and responsibilities to justify variable pay scales

05/11/2011

Here’s something to consider when setting pay rates for jobs in different locations and with slightly different responsibilities: Under the Equal Pay Act, employers can set different salaries based on geographically distinct job locations.

Harassment a problem in the past? That’s no excuse for not hiring women

05/11/2011

Some work environments are more prone to sexual harassment than others. That shouldn’t keep you from hiring women for positions in a largely male workplace. The answer is to educate em­ployees about harassment and then punish anyone who violates your anti-harassment policy.

Use tip credit for some pay? Beware requiring ‘substantial’ work that doesn’t generate tips

05/11/2011
Employers must be careful not to give tipped employees too many additional duties to complete before, during or after their tip-generating activities. If more than about 20% of their time is spent on such activities, you may have to pay them the full minimum wage for those hours, regardless of how much they earn in tips during the shift.

Black Jacksonville firefighters sue for race bias in testing

05/11/2011
A group of black firefighters are suing the city of Jacksonville and their union, alleging that white firefighters illegally had an opportunity to view promotional tests before they were administered.

Bay Pines VA Center chief ends tumultuous reign

05/11/2011
The beleaguered director of the Bay Pines Veterans Administration Hospital in St. Peters­burg has announced he will retire once the Department of Veterans Affairs finds a replacement. His tenure at Bay Pines has been marred by a string of retaliation suits filed by employees.

Questionable staffing moves toss transit CEO from driver’s seat

05/11/2011
The Hillsborough Area Regional Transit Authority (HART) will have a new chief executive after a 7-4 vote by county commissioners. Con­troversial transit CEO David Armijo has been dismissed after several employees complained about his actions.

Co-worker slights aren’t enough for retaliation claim

05/11/2011

Courts recognize that employers can’t control everything employees do. Judges expect employers to educate workers on appropriate conduct, but they don’t expect perfection. If you hear that co-workers have been giving a hard time to an em­ployee who has filed discrimination charges, check it out and tell them to stop. But don’t lose any sleep over minor slights.

Short illness does not an ADA disability make

05/11/2011
The 11th Circuit Court of Appeals has rejected the notion that a short illness with few long-term consequences is a disability covered by the ADA.

Act fast to stop any potential retaliation against worker who complains about bias, harassment

05/11/2011

Many employees who file discrimination claims are on the alert for potential retaliation. That’s why HR should always check back with employees who file harassment or discrimination charges. If those employees report anything that smacks of retaliation, fix the problem right away.