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Employment Law

Pair of Supreme Court rulings redefine race, age bias

07/17/2009

In the days before ending its 2008-09 term, the U.S. Supreme Court issued two important employment law rulings. Now it’s harder for employees to win age bias lawsuits. Also, the court ruled on race bias in pre-hire testing.

Warn bosses: Pregnancy plans talk is off-limits

07/17/2009

Are some of your organization’s supervisors still stuck in the Dark Ages when it comes to attitudes about pregnancy, childbirth and child care? If so, your organization may be a few off-base questions away from triggering a discrimination lawsuit. Remind managers and supervisors to keep their opinions on mothers and motherhood to themselves.

No evaluations? You could be called ‘Out!’

07/17/2009

The recession has put the brakes on pay raises in many workplaces. But too many employers have halted performance reviews at the same time. That’s a major mistake. Reason: Discharged employees who sue will have a much easier time getting to a jury trial if you can’t produce evaluations that back up your stated termination reasons.

Suspect FMLA mischief? Use certification before taking drastic action

07/17/2009

Some employees have learned how to play the FMLA game very well. For example, you may notice a suspicious Monday-Friday pattern of intermittent leave for an illness. If you really believe an employee is trying to pull a fast one, don’t play the termination card right away. Your first—and safest—option: request a medical certification stating the employee has a serious health condition.

Set clear, consistent response to employees’ ‘I’m sick’ calls

07/17/2009

Nothing will land you in FMLA trouble faster than ignoring an employee’s request for leave. You’d never do that, you say. But what about an untrained supervisor? Make sure all managers and supervisors know how to handle medical call-ins. Ignoring a leave request could amount to “interference” with the employee’s right to take FMLA leave.

Remind managers: Even unconventional female-on-male harassment can be illegal

07/17/2009

Here’s a simple rule of thumb: Managers and supervisors should never comment on any aspect of an employee’s sexuality. That goes for female supervisors, too, who may believe that only women can be victims of sexual harassment.

Jargon kills: Use plain language in policies

07/17/2009

When an El Pollo Loco restaurant manager filed a wage lawsuit, the company pointed to its handbook that said (in English and small type) “all employment-related disputes must be resolved through binding arbitration.” The manager argued that employees didn’t understand what they were signing and, therefore, the policy wasn’t valid.

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

07/17/2009

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

Use ‘fresh-start’ policy to cut retaliation risk

07/17/2009

It often makes sense to give a fresh start to a poorly performing employee who has been complaining about discrimination. Place her in another position with a new supervisor, new co-workers and a clean disciplinary record. Then if her workplace problems persist, you can terminate her without worrying about retaliation claims.

Shelving of controversial ‘card check’ provision doesn’t mean union-friendly EFCA bill is dead

07/17/2009

Heavy criticism of the so-called “card check” has led supporters to step back from that most controversial piece of the Employee Free Choice Act. But you can still expect passage of some version of the law that could, among other things, speed up union elections, impose stiffer penalties on labor violations and allow workers to campaign at the work site without retaliation.