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Employment Law

Retail ‘managers’: Exempt or not? Look at duties, not time spent on them

01/12/2011
Retail managers often spend most of their time doing the same work that hourly employees do, such as running cash registers. Even so, they may qualify as exempt employees under the Fair Labor Standards Act. Why? It’s the quality of the management work they do that counts, not the number of hours they spend doing it.

Don’t turn the other cheek on workplace bullies

01/11/2011

Workplace bullying has existed for as long as mean people have worked alongside others. Only recently, however, has it emerged as an issue for the courts to handle — it’s now a significant liability hazard for employers. Here’s how to institute a “no-jerks” rule at work that can help stop bullies.

Orlando man tries to take bite out of Apple

01/11/2011
Apple Computer’s hip youth culture may have met its match in Michael Katz, a former employee who is suing the company for age bias.

Courts want proof employers did what they claim they did

01/11/2011
It was big news last fall when it became apparent that some bank representatives involved in home foreclosures never even examined the court affidavits they were signing. Judges are becoming more reluctant to accept such sworn statements in litigation—and not just in cases involving foreclosures.

Federal appeals court runs out of patience, cracks down on frivolous litigation

01/11/2011
The 11th Circuit Court of Appeals, which has jurisdiction over Florida employers, has started cracking down on employees who file false and frivolous claims. It’s losing patience for the attorneys who represent them, too. That may mean fewer such cases in the near future.

When religion is crux of workplace problems, base discipline on behavior–not belief

01/11/2011
Warn managers and supervisors: They must not refer to an employee’s religious beliefs when taking any adverse employment action. That’s true even if the decision being discussed involves a dispute over a religious accommodation.

Offer reinstatement if you make FMLA mistake

01/11/2011

The FMLA is a complicated law that can trip up even the most experienced HR professional. And sometimes it may not be apparent that an employee didn’t get the leave he was entitled to until after his lawsuit is in full swing. Fortunately, there’s still something you can do to cut the potential liability.

Use robust anti-bias policy to limit liability

01/11/2011
Here’s an all-too-frequent scenario: Misconduct leads to discipline, perhaps even discharge. Then the employee sues, alleging that for years, he’s been subjected to harassment on account of a protected characteristic. Don’t let that happen to you.

SCLC gets involved in Dana Corp. discrimination claims

01/11/2011
Bishop Richard E. Cox, president of the Dayton chapter of the Southern Christian Leadership Conference and a member of the group’s national board, has intervened in a dispute between Maumee-based Dana Corp., the union that represents workers there and black current and former employees.

Kaplan colleges sued for screening with credit histories

01/11/2011

The EEOC has filed suit against Kaplan Higher Education Corp., alleging its use of credit histories to screen job applicants has a disparate impact on blacks. The credit histories aren’t necessary, the EEOC says, and don’t predict whether the applicant will perform the job well. Kaplan has defended the practice as a way to protect the company against potential fraud and theft.