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Employment Law

Unlike employees, partners can’t pursue bias claims under employment laws

09/29/2010

If your business is a professional practice like law, medicine or accounting, it may have partners or shareholders who receive paychecks. Such shareholders probably can’t sue for discriminatory practices under Title VII and other employment laws. But when is a person considered a shareholder or partner?

Prayer breaks: Know what’s ‘reasonable’

09/28/2010
Employers generally are required to accommodate employees’ prayer breaks. Arriving at a reasonable accommodation requires a give-and-take discussion with the worker. But be aware that courts will frown on accommodations that wreak havoc on the employee’s life, such as switching the person to the night shift to avoid prayer-break issues.

3 former female execs sue Goldman Sachs

09/27/2010
Only on Wall Street can you make $800,000 a year and claim that you’re underpaid. But three women who used to earn big bucks at Goldman Sachs are suing because they could have earned even more if they were men.

When investigating bias, there’s fast … and too fast

09/27/2010
You no doubt know you should act fast to investigate when employees complain about discrimination. But that doesn’t mean you need to rush to complete your inquiry in just one day.

Will harassment suit burn Hillsborough pizzeria?

09/27/2010
The EEOC has filed suit against Vinny’s Italian Grill in Hillsborough, claiming it fired two women after they complained about a manager’s ongoing sexual harassment.

Beware legal risk of raising worker’s title in lieu of pay

09/27/2010
With nervous employers still keeping generous raises on the shelf, more are turning to job title promotions to show appreciation. The risk: “If you start inflating titles, the titles themselves don’t reflect the duties of the position … which can cause difficulty separating exempt and nonexempt employees,” says John Skousen, a partner with Fisher & Phillips.

Congress probes bias at Air Marshal’s Cincy office

09/24/2010
The Cincinnati field office of the Federal Air Marshal Service faces a Congressional inquiry after being named as the defendant in six civil rights lawsuits and 15 EEOC complaints. U.S. Rep. Ed Towns, D-N.Y., and U.S. Sen. Bill Nelson, D-Fla., have called for the investigation.

Bring clear documentation to earn quick dismissal

09/24/2010

When employees file their own lawsuits, judges often bend over backward to help them out. They reason that employees who lack legal expertise deserve a little slack in court. That’s when it becomes crucial for employers to come to court armed with solid evidence that they handled the employee fairly.

Remind bosses: Report all harassment complaints

09/24/2010

Lower-level supervisors sometimes fail to respond to sexual harassment complaints, even if they’re familiar with their company’s policies. Some may consider sexual harassment a less-than-serious problem. Others may simply not want to admit it’s a problem at all. That’s where education comes in. Regularly remind all supervisors that the consequences of ignoring harassment complaints can be serious.

Volunteer fire dept. settles harassment suit for $15,000

09/24/2010

The Clementon Volunteer Fire Department has decided to settle a sexual harassment suit brought by a young woman who has been a volunteer firefighter since childhood. Merrissa Garretson had served with the Camden County department since she was 13, serving first as a youth volunteer and probationary firefighter before being promoted to firefighter at age 18.