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Employment Law

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.

When is sending 64 ‘sexts’ in one day NOT harassment?

05/11/2011
Ever wonder what role employees who make sexual harassment claims have in fixing the problem? One court recently ruled they at least have to give their employer the opportunity to try to right the wrong …

Monitoring the virtual water cooler: Employees on Facebook and more

05/10/2011

It’s a sure thing: Your employees are using social media such as Facebook and Twitter. That means you need to make conscious decisions about how to address social media issues with your employees. Proactively develop a policy so you don’t get stuck doing damage control—perhaps becoming the latest talk heard ’round the virtual water cooler.

Where there’s smoke … can you fire (or refuse to hire)?

05/09/2011
Many employers are deciding not to hire smokers, screen new hires for nicotine as a condition for employment, impose higher health-benefit premiums for smokers and try to help smokers quit. While employers are free to ban smoking in their workplaces, taking action based on what employees do on their own time outside of work is much more controversial and raises a host of legal issues.

When does 50 not equal 50? FMLA coverage versus FMLA eligibility

05/06/2011

Most people think of 50 as the magic number for the FMLA. “Oh, we have 50 employees, so now we have to comply with the FMLA,” is a popular refrain among HR departments. It is not that simple. The FMLA has two different rules that must be met before you have to offer FMLA leave to an employee—coverage and eligibility, which both have the magic number 50 as a key component.

Dayton: the next New Haven? Police hiring tests to be tossed

05/06/2011

Dayton officials are poised to toss out 748 passing police-hiring exam scores and conduct oral interviews to improve minority hiring for the city’s police department. At first glance, the situation in Day­­ton seems to resemble the case in Ricci v. DeStefano, a 2009 U.S. Supreme Court case. There are important differences, however.