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Employment Law

NLRB to decide: Are Facebook posts protected discussions?

01/26/2011
Let’s say one of your union employees has used her own computer to make negative comments about her supervisor on her personal Facebook page. Co-workers—Facebook friends of the employee—see the posts and start chiming in with further smears. Can you lawfully terminate these employees for violating your social media policy? Probably not.

Crothall Healthcare settles pregnancy discrimination claim

01/26/2011
Wayne-based Crothall Healthcare will pay more than $88,000 to settle a pregnancy discrimination claim brought on behalf of an employee working in Arkansas.

PHA head is gone, but trail of lawsuits lingers on

01/26/2011
When the Philadelphia Housing Authority’s board of directors fired Executive Director Carl Greene, board members probably thought the move would end the serial litigation that marked his tenure. Wrong. Press reports last year linked Greene to a series of sexual harassment cases that—along with allegations of mismanagement—led to his firing last year …

Sick employee riffed? Beware ERISA lawsuit

01/26/2011
Employees fired because they might drive up health care costs can probably sue under the Employee Retirement Income Security Act (ERISA), which governs many employee benefits.

Threat of suicide justifies medical exam

01/26/2011

Employers are sometimes nervous about demanding that an employee undergo a medical exam. They fear doing so somehow violates the ADA. If an employee threatens suicide or some other violent act, it’s legal for an employer to order a fitness-for-duty exam.

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.