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Employment Law

Start preparing now for new exempt overtime salary threshold

Employers interested in avoiding a big jump in their overtime costs should dust off plans they probably made in preparation for implementing the 2016 Obama-era proposed salary threshold rule.

Be alert for rumors that can lead to sexual harassment liability

Parker v. Reema Consulting Services, Inc. deserves a place on a PowerPoint slide to remind the entire workplace that there is no place for false and mean-spirited rumors in the employer’s place of business, and that the spreading of such rumors can potentially have severe consequences.

IBM apologizes for slurs on recruiting website

IBM offered no explanation of how the terms came to appear on the website.

Cupid’s arrow misses—and so does harassment suit

Sometimes, a failed workplace romance doesn’t result in a demoralizing and costly courtroom loss!

Fired worker right after she complained about sexual harassment? Prepare for a lawsuit

If you discharge an employee shortly after she files a sexual harassment complaint, chances are she will sue and allege retaliation. Even if she is off work for a few months, you may end up owing her more than lost wages if she also suffered emotionally.

Claim of hostile work environment based on disability may add up to ADA lawsuit

The 2nd Circuit Court of Appeals has ruled for the first time that the ADA allows disabled workers to sue separately if they experience a hostile work environment based on their disability. That’s true even if the disabled worker doesn’t have a failure-to-accommodate or a disability discrimination claim.

It’s not bias: OK to deny shift-change request

Under some circumstances, courts have ruled that changing someone’s usual shift can be an adverse employment action or retaliation for engaging in protected activity. But what if the employee was hired to work a specific shift and then re­­quests a transfer to another?

Beware presumptions about alcoholism

Alcoholism may be an FMLA-covered serious health condition. If an employee returns to work after taking FMLA leave to rehab from a drinking problem, warn supervisors to check their presumptions about alcoholism. Doing or saying the wrong thing could violate the FMLA, the ADA or both.

EEOC tactic: Force law-breaking employers to create an HR department

While many smaller organizations slide by without having a dedicated HR director or HR department, a new court ruling will gives those HR-less companies something to think about.

Yes, you can terminate during FMLA leave

You may find that some employees who suspect they are about to be disciplined suddenly ask for FMLA leave. They may cynically believe that taking FMLA leave protects them from discharge. It doesn’t.