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Employment Law

Sued for bias? Prepare to turn over discipline records

11/21/2018
When an employee alleges that discrimination caused him to be punished more severely than other workers outside his protected class, his lawyer will probably demand disciplinary records relating to other workers. Be prepared to hand over those records.

DOL opinion letters address FLSA questions

11/21/2018
The U.S. Department of Labor is making up for lost time. After suspending DOL opinion letters for most of the Obama administration, it has issued a blizzard of them in the last year. Here are two interesting recent ones.

Disability accommodation may be impossible

11/21/2018
Under the ADA, employers must try to find reasonable accommodations so disabled employees can perform the essential functions of their jobs. But in fact, there may be times when no accommodation is possible.

Clock ticking on Trump’s picks to fill Labor Department vacancies

11/20/2018
The 115th Congress is set to adjourn for good on Dec. 14. Between now and then, all manner of business needs congressional action.

Managers help Chicago 911 slash FMLA absences, costs

11/20/2018
Two years ago, 49% of the employees at the city of Chicago’s main 911 call center were out on some type of absence related to FMLA leave. But a crackdown this year trimmed employees’ FMLA usage by 4,000 hours, slashed absenteeism by 900 shifts and cut overtime cost by $800,000. How?

EEOC touts #MeToo year of accomplishments

11/20/2018
The EEOC began fiscal year 2018 last fall, just as the #MeToo movement began calling out workplace sexual harassment. It marked the start of a productive year for the commission.

Facebook, Google end harassment-arbitration rules

11/19/2018
Under pressure from employees, a pair of tech giants—Facebook and Google—revised their policies last month to make private arbitration a choice (rather than a requirement) in employee sexual harassment claims.

Don’t assign disciplinary points for reporting injuries

11/19/2018
A federal court awarded a machine operator in Wisconsin $100,000 in back wages and compensatory damages after he was fired soon after reporting an on-the-job injury.

Employment law update: Harassment training, Labor Class protections

11/14/2018
Final statewide sexual harassment policy and training guidelines have finally been issued in New York, and the rules differ significantly in several important ways. Plus, more civil service employees now have job protection.

$385k judgment against Yonkers health care facility

11/14/2018
A nursing home in Yonkers and its owner will have to pay over $385,000 in back pay and penalties to 81 employees after investigators found numerous violations of the Fair Labor Standards Act.