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Employment Law

OSHA cites Wal-Mart for Black Friday death

07/06/2009

Black Friday had a double meaning at Wal-Mart’s Valley Stream, N.Y., store last year when temporary employee Jdimytai Damour, 34, was trampled to death by stampeding shoppers. OSHA investigated and levied the maximum permissible fine against the store, $7,000.

Delphi learns the hard way: Don’t mess with medical records

07/06/2009

Auto parts manufacturer Delphi has settled a suit with the EEOC alleging the company made prohibited medical inquiries into employees’ health and retaliated against staff who objected. Delphi required employees returning from sick leave to sign releases allowing the company to probe their medical records …

As the Wurld turns: Upstate firm owes $1.2M to 19 workers

07/06/2009

An arbitrator has awarded $1.2 million in back pay and damages to 19 former employees of Wurld Media, Inc. The Saratoga Springs-based Internet startup, which marketed a product similar to iTunes, began having trouble making payroll in 2006.

N.Y. state considers paid family leave

07/06/2009

The state legislature is considering a bill that would require all employers to provide up to 12 weeks of paid time off so employees can tend to very ill family members or take care of newborns or newly adopted children.

Ohio Supreme Court strikes municipal worker residency rule

07/06/2009

In a 5-2 decision, the state Supreme Court has ruled that municipalities may no longer require their employees to live within the municipality’s borders. The ruling upholds a 2006 state law that struck down various “home rule” provisions …

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

07/06/2009

FMLA rules say employers are required to let their workers know about the law and how to go about requesting FMLA leave for a serious health condition. Ignoring a leave request could amount to “interference” with the employee’s right to take FMLA leave. Make sure all managers and supervisors know how to handle medical call-ins so that a potential FMLA request doesn’t get lost.

‘Difficult’ employee? Don’t assume a disability

07/06/2009

Every HR pro has to deal with especially difficult and argumentative employees now and then. You may believe an employee is having emotional problems—maybe even a diagnosable mental disorder. But don’t mention your suspicions. You would risk being charged with regarding him as disabled, which gives the employee protections under the ADA or state disability-bias 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.