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Employment Law

DOL seeks employer comments on proposed FMLA form revisions

09/03/2019
The U.S. Department of Labor is soliciting feedback on proposed revisions to seven forms used to certify the need for FMLA leave and provide notice of FMLA rights and responsibilities.

Objective measures are most persuasive, so focus on performance criteria

09/02/2019
Remind supervisors to always focus on performance—not intangibles like “attitude”—using as many objective measures as possible. If an employee later alleges some form of discrimination, you’ll be able to demonstrate that you kept things professional by focusing on what really matters: doing the job.

HR pro tip: Never ignore a lawsuit

08/29/2019
Courts set tight deadlines for responding to lawsuits once they have been served. Miss a deadline without a rock-solid excuse, and you’re probably looking at a default judgment. Then it’s merely up to the plaintiff to provide some elementary proof that he’s entitled to damages.

Prevention key to cutting harassment liability

08/29/2019
The best way to avoid liability for sexual harassment is to prevent it from occurring in the first place. That’s why it’s so important to educate supervisors on your sexual harassment policy.

Removal from dangerous duty brings ADA suit

08/29/2019
A federal court has reinstated a Georgia police detective’s case against her employer after she produced evidence the police department regarded her as disabled when she was not.

Security company zapped for overtime violations

08/23/2019
Star Pro Security Patrol of Costa Mesa, California, has agreed to settle charges it failed to pay proper overtime to 63 employees.

Tapioca Express settles EEOC sex harassment suit

08/23/2019
Asian tea and snack chain Tapioca Express and two of its franchisees have agreed to a 30-month EEOC consent decree.

Piece work pay rate violates FLSA in LA

08/23/2019
ESS Apparel in Los Angeles has agreed to pay 21 employees $53,876 in back pay and overtime to resolve charges it violated the Fair Labor Standards Act.

Offer to ‘help’ doesn’t equal quid pro quo harassment

08/23/2019
A supervisor’s offer to “help” someone reach their career goals in exchange for romantic involvement isn’t enough to support allegations of quid pro quo harassment. To make the employer liable, the supervisor must have had the power to actually “help” and then deny that assistance.

Prepare to reasonably accommodate medical testing

08/23/2019
Don’t assume that someone who appears healthy and has been successfully performing his job isn’t disabled while undergoing medical tests.