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Employment Law

No adverse action needed for hostility case

05/20/2011

Think you’re immune from lawsuits as long as you don’t cut an employee’s pay or fire, demote or refuse to promote him? You’re wrong. Employees who belong to a protected class and can show they endured enough slights, insults or other harassing conduct to affect the way they perform their jobs can win a hostile environment lawsuit.

Another reason to track everything: Passage of time makes it harder for worker to successfully sue

05/20/2011

It’s possible that a supervisor might wait years to get back at an employee who filed a discrimination complaint. Possible, but unlikely. The more time that passes between an initial complaint and any alleged retaliation, the less likely courts are to entertain a lawsuit.

Special analysis: No-match letters are back (don’t panic)

05/20/2011
The Social Security Administration has resumed sending employers letters regarding mismatches of em­ployees’ names and Social Security numbers. Since employee name/SSN matches are critical to payroll administration, you’re right to be concerned. But there seems to be some confusion over these letters.

Is FMLA available for weight surgery? Kidney donations?

05/19/2011
Q. We have a very overweight employee who wants to have a weight-reduction surgery. This will be expensive and she may be off work for up to six weeks. Do we have to grant her FMLA leave for that time?

Same-sex marriage & payroll: What happens now?

05/18/2011
The Defense of Marriage Act (DOMA) prohibits the extension of federal marriage benefits to same-sex couples who marry under state law. Some federal courts have ruled DOMA unconstitutional, and the Department of Justice says that it will no longer defend the law. But the IRS says it’s still enforcing DOMA as it applies to the tax laws that cover married couples.

The 8 most common overtime errors and how to fix them

05/17/2011
If your company is like most and cutting costs is a top priority, reducing overtime expenditures can make a big difference. Be careful with how you go about reining in overtime, though. Here are the eight most common OT errors you must avoid.

Stop off-the-clock work with strong OT rules

05/17/2011
Hourly employees know that if they work overtime, their employer must pay them for the extra hours. That’s true, but it doesn’t mean they can work OT whenever they feel like it. Here’s how to end unauthorized overtime:

Don’t tolerate intolerant religious talk

05/16/2011
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Ensure there’s no bias in contract hiring, too

05/16/2011

Almost every employer understands that they can’t discriminate against employees on the basis of race. But race discrimination protections also apply even when employers contract out their work. Contractors who believe they have suffered bias can sue under the Equal Protection Clause of the U.S. Constitution.

Use fair progressive discipline and clear documentation to prove you’re not biased

05/13/2011

It happens—employers make mistakes. Under most circumstances, however, those mistakes won’t turn into successful employee discrimination lawsuits. That’s because employees have to prove that both the decision and the underlying facts were wrong and were used as an excuse to discriminate.