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Employment Law

Even the best sexual harassment policy is useless without supervisor vigilance

07/06/2009

No sexual harassment policy will protect your company if what is going on in the cubicles or on the shop floor is blatantly offensive. It may not even matter that the offended or harassed employee didn’t follow your complaint policy and report the harassment to upper management. If she tried to talk to her immediate supervisor, that’s enough.

Appeals Court reverses stance; gives a thumbs down to ‘association discrimination’

07/06/2009

In a decision sure to create a buzz, the 6th Circuit Court of Appeals has ruled that Title VII does not provide retaliation protection for employees who weren’t involved in protected activity.

Changing an employee’s duties may require changing his FLSA classification

07/06/2009

These days, organizations have to do just as much (or more) with fewer employees. That may mean employees’ job duties and responsibilities will change frequently. But be aware that such changes could alter an employee’s classification under the FLSA—and open you up to an overtime lawsuit.

Don’t bad-mouth terminated employees

07/06/2009

Here’s a timely warning during bad economic times: No matter why you discharge an employee or terminate a working relationship, resist the temptation to interfere with that person’s future employment prospects. In Ohio, such ex-employees will have multiple avenues for potential lawsuits.

No unemployment comp for job lost due to absenteeism

07/06/2009

An Ohio appeals court has issued a common-sense decision that shows you have the right to expect employees to show up for work. It said that absenteeism is just cause for termination and disqualifies the employee from getting unemployment benefits.

Can we terminate a no-call/no-show employee?

07/06/2009

Q. We have an employee who has missed the last several days of work without notice. We also have a policy that says employees who miss three days without notice are deemed to have resigned and are terminated. Are there any legal risks associated with terminating this employee?

When can we legally dock employees’ salaries?

07/06/2009

Q. Under what circumstances can my business make deductions from an exempt employee’s weekly salary without putting the employee’s FLSA exemption in jeopardy?

Protecting computers from ex-employees

07/06/2009

Q. Is there anything I can do to deter employees from stealing or damaging computers after a termination?

Miscalculated FMLA? Just let employee know

07/03/2009

It’s easy enough to do. While calculating an employee’s remaining FMLA leave, you make a mistake and tell the employee he has to return by a certain day when in fact his leave expires earlier. How can you fix the problem if you discover it while the employee is out on leave? Just let him know that you made a calculation mistake and give him the correct information—before he has to return.

New Supreme Court ruling redefines boundaries of race discrimination

06/30/2009

In what some employment law attorneys are calling one of the most important employment law cases of the decade, the U.S. Supreme Court ruled on June 29 that the city of New Haven shouldn’t have thrown out promotion test results of all firefighters just because it feared the test would have a disparate impact on black firefighters. What’s the practical impact? Read on …