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Employment Law

Supreme Court: Fiancé of complaining worker has retaliation protection

01/25/2011
The Supreme Court on Jan. 24 ruled that the fiancé of a woman who filed an EEOC discrimination complaint was protected from retaliation by their mutual employer and can now sue for retaliation. The case has important implications for all employers: It’s more important than ever to make sure your discipline policies pass the no-retaliation test.

What is work? How the FLSA defines it

01/25/2011
It seems like a simple question: What constitutes work for which employers must pay? Yet HR pros often struggle with tricky issues such as when and how (and how much) to pay when workers are on call, commuting, traveling or receiving training. Here are the answers, straight from the U.S. Department of Labor.

Strength in numbers: Lawsuit-proof your hiring process with double-team interviews

01/25/2011
You can help prevent hiring lawsuits with one simple tactic: Have two company representatives sit in on interviews. Then have both reps deliver the news when you have to tell an applicant she wasn’t selected. As this case shows, that extra effort can be insurance against a nasty “he said/she said” lawsuit.

Track potential disciplinary problems as they occur

01/21/2011
For most problem employees, deteriorating behavior and performance is a gradual process. Smart employers track the downward trajectory along the way.

Use independent investigation to prove you’re not biased

01/21/2011
Employers can sometimes be held liable if they rubber-stamp recommendations that come from supervisors who discriminate. Your best defense is to conduct a truly independent investigation before making disciplinary decisions. That will cut the liability cord.

After employee has complained, be prepared to defend even minor work changes

01/21/2011
Employers can defend against alleged retaliation by showing they had a good reason for the adverse action. For example, if a supervisor moves an employee to another position for a legitimate management reason, that’s not retaliation. Consider the following case.

When deciding on employee discipline, you don’t have to be absolutely right–just fair

01/21/2011

Supervisors have to make decisions on how to run the workplace every day. They can’t spend hours deliberating every move. Imagine how little actual work would get done if supervisors had to double-check every decision to make absolutely sure it was correct. Fortunately, courts don’t require perfection from employers—just assurance that they acted fairly and in good faith.

Must we pay for restroom breaks?

01/21/2011
Q. We have a school bus driver who takes a 10-minute bathroom break before dropping off her empty bus at the depot. We’ve been deducting the minutes from her paycheck. She says she must take the break due to her medication. Do we have to pay her?

The 5 cold, hard truths about employment lawsuits

01/19/2011

While many of you have a wealth of experience with litigation, others have been fortunate enough to go years or even decades in business without being part of a lawsuit. Those who are new to lawsuits are frequently surprised by the reality of the law, our court system and litigation in general. Here are a few facts that will help you prepare for the reality of litigation.

EEOC’s banner 2010 set record for discrimination claims

01/18/2011
Last year, the EEOC handled more complaints than ever, and employers paid out a record $404 million. Topping the list of EEOC claims: retaliation. Preventing retaliation will be a focus of the HR Specialist’s LEAP Conference, set for March 30-April 1 at the Mandarin Oriental in Las Vegas.