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Employment Law

Docking manager’s pay can end exemption

While certain types of deductions are allowed, be aware time- or work-based deductions could destroy a manager’s exempt status.

Firing for vacation during FMLA? Hit ‘pause’

Even if it appears that an employee is misusing his FMLA leave, you must make discipline or termination decisions based on a rational review of the facts, including the doctor’s certification.

Study: Workplace bullying also harms safety, health

Bullying bosses can crush morale. But a new Portland State University study says employees’ responses can lead to more work accidents and injuries.

Don’t withhold info needed to apply for promotion

If you often promote workers from within, make sure everyone has a chance to apply. If you withhold information or otherwise thwart efforts to apply, a disappointed employee can sue if she has reason to believe you had some discriminatory reason to prevent her from being promoted.

Can telecommuters claim hostile environment?

Don’t assume that an employee who works from home can’t launch a hostile work environment claim. Prevailing in such a lawsuit doesn’t depend solely on demonstrating a pattern of direct interpersonal hostility. Other factors count, too.

Scalia formally nominated to head DOL, set for confirmation hearings

President Trump on Sept. 11 formally nominated employment law attorney Eugene Scalia to replace Alexander Acosta as Secretary of Labor.

EEOC will end EEO-1 compensation data collection after this year

The EEO-1 Component 2 data that most employers and federal contractors must submit by Sept. 30 will mark the one and only time the EEOC collects compensation data, according to an EEOC Notice of Information Collection published in the Federal Register on Sept. 12.

Ensure arbitration meets NLRB standards

For several years, the NLRB has argued that some arbitration agreements violate the NLRA because they limit employees’ right to engage in concerted activity to improve working conditions. Now, the NLRB has eased its criticism of one popular arbitration condition: Mandatory arbitration.

Look into even suspect harassment complaints

Don’t assume every last-minute harassment complaint is a sham. Instead, investigate.

Beware retaliation against whistleblowers

Think twice before disciplining or otherwise punishing an employee who has reported workplace wrongdoing. Whistleblower protection remains in force regardless of the merits of the employee’s allegations.