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Employment Law

Worker demands back overtime? Investigate and, if warranted, pay up

If an employer pays overtime incorrectly, it may be liable for up to two years of unpaid overtime, doubled as a penalty. But if an employer’s overtime mistake is “willful,” that liability reaches back another year, adding to the cost.

Flu shots: Seek accommodations if employee refuses vaccine for religious reasons

Employers must reasonably accommodate employees whose sincerely held religious beliefs prohibit immunization.

No FMLA leave? ADA may be available

An employee who has used up all paid and FMLA leave (or who isn’t yet eligible for FMLA leave) may have other leave options if he’s also disabled.

Fired after using FMLA leave? Expect lawsuit

Firing an employee while referencing use of FMLA leave may trigger a retaliation lawsuit.

Club wanted ‘younger direction,’ gets court instead

Llanerch Country Club in Havertown, Pennsylvania, faces an EEOC lawsuit after it laid off a 59-year-old groundskeeper, allegedly replacing him with younger workers.

Prepare for new labor and employment laws

With 2019 just around the corner, now is the time to preview labor and employment laws that will soon affect employers.

Jury awards $6 million for anti-American bias

In a closely watched discrimination case, a federal jury has ruled against a foreign employer and in favor of an employee who identified himself as ethnically American.

Court discovers deception, tosses out previous decision

Here’s a rare case in which a court reversed a ruling that favored an employee because he had deceived his former employer.

Arbitration agreements may have to go to court first

Because arbitration agreements are contracts, there are still preliminary questions to be resolved, such as whether an agreement was written in a way that binds both parties. That can mean a preliminary court battle.

Always record the date when you made a decision to fire

Do you note the date and time of every termination decision? If not, you should.