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Employment Law

Jury: AT&T discriminated against call center worker

10/06/2008

A Dallas County jury decided that AT&T created a hostile work environment and retaliated after a call center employee complained. The jury found that race was a motivating factor in AT&T’s repeated failure to promote Lakecious Edwards and awarded her $411,339.

Work rules can regulate some employee political advocacy

10/06/2008

On July 22, 2008, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued a guidance memorandum addressing unfair labor practice (ULP) charges involving political advocacy. The impetus for the general counsel’s memorandum stemmed from a series of ULP charges filed in late 2006 involving employers that allegedly disciplined employees for participating in nationwide and local demonstrations …

Must we comply with a former employee’s request for thousands of e-mails?

10/06/2008

Q. A former employee wants copies of 18-months’ worth of e-mails. That would be an enormous undertaking. Do we have to honor the request? …

Pay for employee who works through lunch?

10/06/2008

Q. Must we pay a nonexempt employee who voluntarily works through lunch for the time, even though we never requested the extra work? …

Child support payments

10/06/2008

Q. Do we have to deduct child-support payments from employee wages? …

No liability if psych patient cleared to work

10/03/2008

Employers must reinstate employees following FMLA leave if a doctor says they are ready to return to work without restrictions. That’s true even if the serious health condition was a serious psychiatric problem. Fortunately, if the employee goes on to injure another employee, the medical release will protect the employer from negligent supervision claims …

Columbus tackles immigration reform this legislative session

10/03/2008

Surveys suggest that nearly two-thirds of Ohio residents consider illegal immigration a serious problem, and state lawmakers have responded with legislation. One bill currently before the Legislature would make English Ohio’s official language. Another would grant local police the authority to investigate immigration violations …

How to make sure request for ADA accommodations blows up: Do nothing

10/03/2008

The ADA requires employers to provide disabled employees with reasonable accommodations if those accommodations allow disabled employees to perform the essential functions of their jobs. Flat-out ignoring an accommodation request is the absolutely wrong thing to do. Instead, carefully consider every request …

Job description should spell out employee’s exempt or hourly status

10/03/2008

There’s no excuse for anyone to be confused about his or her exempt or nonexempt employment status. Make sure every position description clearly labels the job either salaried or hourly. Otherwise, employees will turn to the courts to figure out whether you owe them unpaid overtime or whether you have violated the FLSA …

Gov’t employees must use workers’ comp — not courts — to handle injury cases

10/03/2008

Good news for public employers: The 6th Circuit Court of Appeals has clarified that government employees cannot do an end-run around the workers’ comp system by trying to call their injuries a Constitutional deprivation of due process and suing in federal court …