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Employment Law

Establish zero-tolerance policy on violence and threats–but don’t count on backup from courts

11/08/2010

The almost universal employer response to increased workplace violence has been the implementation of so-called zero-tolerance policies. The problem with zero-tolerance rules is that they only work if they’re uniformly enforced. Employers can’t pick and choose which employee’s behavior violates the policy. To do so invites legal trouble, as the following case shows.

Heart condition isn’t always an ADA disability

11/08/2010

It’s understandable that someone who has had a heart attack and taken time off to recover might assume that he’s disabled under the terms of the ADA. That’s not always the case. As is true of other conditions, it’s only a disability if the heart attack’s residual effects substantially impair a major life function.

Don’t expect heroic catch-up after FMLA leave

11/08/2010

Exempt employees are generally expected to work as long and as hard as they need to in order to get their jobs done. But that doesn’t mean employers should expect exempt employees returning from FMLA leave to burn the midnight oil to get caught up if there was no plan in place to pick up the slack during the absence. Insisting on that is an invitation to be sued for retaliation.

Disabled or injured workers ready to return? Here’s how to help

11/05/2010
Employees may be absent from work for extended periods of time because of illness or injury. The U.S. Department of Labor’s Office of Disability Employment Policy recently released an online “Return to Work Toolkit” that serves as a one-stop portal to numerous free, online resources for employers and employees coping with return-to-work issues.

Terminating employee? Don’t forget appropriate notifications

11/05/2010

Terminating employees is never easy. Not only do you have to think about the employee’s reaction and those of co-workers who may be worried about their own jobs, you also have to worry whether the employee will sue and how to minimize the risk. One area you have control over is making sure that every terminated employee receives legally mandated termination notices. Here’s a quick guide.

NYC dollar stores settle FLSA complaint

11/05/2010
The owners of 11 New York City dollar stores will pay more than $485,000 to settle complaints they violated the Fair Labor Standards Act by paying workers less than minimum wage, and failing to pay time-and-a-half for overtime hours.

Tyrone man collects $200,000 in ADA lawsuit settlement

11/05/2010
Pennsylvania construction firm Glenn O. Hawbaker Inc. has settled a suit with a Tyrone, N.Y., man after it refused to hire him for a backhoe operator position.

Don’t sweat the small stuff: It’s no basis for lawsuits

11/05/2010

Employees seem to think they are entitled to a perfect workplace, free from any conflict or unpleasantness. But that isn’t true. Heck, it’s not even possible! Courts rarely indulge such claims. They’d rather sort out real discrimination and harassment cases, not waste time on hypersensitive employees.

Court shows no patience for litigious ex-employee

11/05/2010
It happens quite often: An employee you fired for rock-solid reasons sues … and sues … and sues some more. Once a former employee gets lawsuit-happy, there’s no telling how far the litigation process will go. But now there’s good news. State and federal courts are tossing out such cases almost as fast as they come in the door. Appeals courts, too.

Cut your retaliation risk: Make sure training is open to everyone who’s eligible

11/05/2010

Employees who experience retaliation after complaining about bias can sue and win, even if it turns out there was no basis for the original discrimination complaint. The retaliation doesn’t even have to be something serious such as a demotion or firing. It can be something as subtle as lost training opportunities.