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Employment Law

Worry that boss is a bully? Ask subordinates

02/09/2011

You hear a lot about bullies and bullying these days, especially in schools. But bullies grow up. If they’re not stopped, they bring intimidation and violence into the workplace. What’s worse, some of them will become supervisors. If you get wind of a potential bully boss, here’s what to do:

Don’t get even: The rules, risks of post-employment retaliation

02/09/2011

The typical retaliation scenario involves an employer firing an employee who has complained about discrimination or engaged in some other protected activity. What happens, however, if the employer retaliates after the end of the employment relationship? Do the anti-retaliation laws cover allegations of post-employment misconduct? The short answer is yes.

NLRB sanctions Toledo industrial cleaning company

02/09/2011
The National Labor Relations Board has come down hard on Toledo-based Bebley Enterprises, ruling that the company illegally terminated a collective bargaining agreement, stopped contributing to the union’s benefit program, quit collecting union dues and harassed employees who were loyal to the union.

Nobel learns the hard way: ADA violations are costly

02/09/2011
For-profit education company Nobel Learning Centers (NLC), has agreed to settle charges it excluded disabled children from its programs in violation of the ADA. Although the settlement involves ADA public-access issues, it has important implications for employers.

Federal workers have 45 days to complain of bias internally

02/09/2011
Federal employees who allege disability discrimination have to complain to an internal equal employment opportunity officer within 45 days of the alleged discrimination—unless they can show their employer had a discriminatory policy (not practice). But that’s hard to do.

Court makes quick work of groundless lawsuits

02/09/2011
Applicants, employees and former employees who lack financial resources can still sue employers in federal court. But that doesn’t mean the judge considering such a case will entertain it for long if it appears to lack merit.

Bias lawsuit alert: If you use job tests, your legal team better include statisticians, too!

02/09/2011

Employment tests generally are a legal minefield. If members of a protected class score significantly lower than other groups, you can expect a lawsuit alleging the test had a disparate impact. And as the following case shows, even court-approved testing procedures are no protection.

Tempted to give negative reference? Watch out!

02/09/2011
If a company that’s considering hiring one of your former employees calls for a reference check, think twice before saying you can’t recommend him. If that employee engaged in protected activity while working for you, he may see your negative reference as retaliation for that activity. And that may spur a lawsuit.

Think your employees are weird? Get a load of these guys!

02/08/2011
If you think your employees can be an odd bunch, rest assured they’re probably not the weirdest of the weird. The working world is a strange and wondrous place, thanks to the colorful characters that inhabit it. Here are three good examples.

Avoiding pay complaints: 5 smart strategies

02/08/2011
The key to complying with the FLSA lies in accurate record-keeping. How you track hours is largely up to you, but you must beware several factors that can compromise wage-and-hour compliance. Here are five key strategies to help make sure you stay on the right side of the law.