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Employment Law

Use proactive process to stop little digs from adding up to hostile environment

04/07/2009

When it comes to a racially hostile environment, management must stay on top of the situation. As soon as anyone in HR or upper management gets even the slightest hint that hostile bias has reared its head on the front line, jump into action.

Watch out! Firing employee who needs maternity leave may be sex discrimination

04/07/2009

It’s time to check your policy on maternity leave. An Ohio appeals court has ruled that it may be discrimination if you don’t provide maternity leave to employees who don’t qualify for your usual leave plan because they haven’t been on the job long enough.

Terminated employee asked for reference? Choose your words carefully

04/07/2009

Sometimes, employees who have been fired need to get reference letters from their former employers to facilitate landing a new job. How you handle those references is important. If the employee had real performance issues that might put others at risk, you can’t simply brush them off. But beware the risk of a defamation lawsuit.

It’s possible for worker to have more than one ’employer’

04/07/2009

Don’t think that because your organization doesn’t have direct control over some workers, you’re not their “employer” under federal law. Simply put, you’re probably the employer if you assign projects, control the means by which assignments are completed, specify the skills required, control how the work is done and hire and decide how much to pay the worker.

Public employees must choose: Sue agency or boss, not both

04/07/2009

Here’s a bit of good news for managers and supervisors who work for Ohio public employers. Employees who decide to sue a government agency through the state Court of Claims lose the right to sue their supervisors directly and personally.

Dayton settles race discrimination suit with DOJ

04/07/2009

The city of Dayton and the U.S. Department of Justice (DOJ) have agreed to settle a race discrimination suit over the city’s hiring practices at its police and fire departments.

Furloughs and unpaid time off create wage-and-hour problems

04/07/2009

Family-friendly practices have suddenly taken a back seat as struggling businesses focus on the bottom line. Now employers are looking for other ways to give employees time off, albeit involuntarily. But when employers impose furloughs, forced shutdowns and reduced work schedules on exempt salaried employees in increments of other than a full week, it can jeopardize exemptions under the FLSA.

Can we dock a worker for not wearing a company shirt?

04/07/2009

Q. I own a construction company. We require all employees to wear a company shirt. If an employee does not wear a company shirt, he or she is assessed a $25 per day penalty, which is deducted from the next paycheck. Is this penalty legal?

‘Dinosaur’ talk can revive extinct lawsuit

04/07/2009

Sometimes, one or two stupid comments are all it takes to fuel a lawsuit. Take, for example, talk that could be construed as ageist. It isn’t unusual to hear managers and supervisors throw around the word “dinosaur” or use the term “fresh blood” to describe changes to the workforce. Is it code for age discrimination?

Use outside investigator to build credibility

04/07/2009

Don’t hesitate to turn an investigation over to an expert from outside the organization when there is any doubt about fairness. Doing so may short-circuit a lawsuit. An independent investigator helps maintain the credibility of the investigation and might be able to spot well-hidden discrimination.