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Employment Law

Document why discipline may have differed

03/20/2019
Before you discipline any employee, review how you handled similar situations in the past. If you decide to discipline more harshly in a new case, be sure to detail in your records exactly why.

What is a ‘public body’ for whistleblowing purposes?

03/15/2019
Pennsylvania employees are protected from retaliation for whistleblowing involving a “public body” under the Pennsylvania Whistleblower Law. But what about private employers that receive state or federal funding?

Resist temptation to act on presumptions about pregnant employees’ abilities

03/15/2019
Some managers continue to hold outdated views on pregnancy and the capacity for a woman to work while awaiting the birth of her child. Being vocal about these views—and especially acting on them—is almost certain to provoke a lawsuit.

Lawsuit alert: Beware disciplining for infractions of seldom-enforced rules

03/15/2019
Sometimes, supervisors get frustrated with workers they consider trouble makers because they complain all the time. Those bosses need to think twice before they retaliate by strictly enforcing work rules—especially if they have often ignored those rules in the past.

Most self-medication with marijuana remains illegal, and is grounds for discharge

03/15/2019
A federal court has ruled that a worker’s self-administration of an illegal drug for pain relief was grounds for discharge under an employer’s drug policy.

Accommodate lactation needs of new mothers

03/15/2019
Employers that prohibit necessary lactation breaks or who retaliate against women for trying to take breaks may violate the sex discrimination provisions of Title VII.

White House proposes 10% budget cut for DOL

03/14/2019
President Trump’s budget request, released March 11, seeks $10.9 billion for DOL activities in fiscal year 2020, about $1.9 less than FY 2019.

Federal courts add another twist in the road to pay equity

03/13/2019
The U.S. Supreme Court just rejected an equal pay lawsuit for a most unusual reason. Even so, employers can learn valuable lessons from the case.

Transgender football player wins $20,000 for bias

03/13/2019
For the first time a transgender person has won an employment discrimination award under the Minnesota Human Rights Act.

Don’t assume disability because of prescription

03/13/2019
If you learn an employee is taking a prescription containing a controlled substance, make sure you don’t make assumptions about disability. You don’t want to be accused of violating ADA “regarded as disabled” provisions.