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Employment Law

Work romance ends? Separate the former lovers

02/14/2018

When a sexual relationship between a supervisor and a subordinate ends, there’s likely to be trouble in the workplace. If the subordinate is complaining about how her former lover is treating her at work, the only safe course of action is to remove the supervisor entirely.

DOL launches internal probe: Was tip pool data suppressed?

02/13/2018

The Department of Labor’s Office of the Inspector General is investigating allegations that Labor Secretary Alex Acosta ordered DOL staffers to quash internal research showing that a proposed rule allowing tip pooling in the hospitality industry would cost employees $5.8 billion per year.

NLRB ready to abandon suit naming McDonald’s a joint employer

02/13/2018

With almost no fanfare, the National Labor Relations Board last month announced plans to seek a settlement with McDonald’s instead of continuing to pursue a three-year-old lawsuit that accused the fast-food chain of colluding with its franchisees to punish employees who protested for higher pay.

Medical leave request: Consider ADA & FMLA

02/08/2018

A Tennessee employer faces an EEOC lawsuit alleging it unlawfully fired a worker after she asked for leave to deal with her anxiety. The case highlights an HR imperative: When dealing with an employee who has medical problems, you may need to consider the ADA in addition to the FMLA.

Contract can limit where lawsuit is filed

02/07/2018

Employers with employees who work from home or far from the main office sometimes find themselves facing litigation in a state far from the main office. Making clear up front that lawsuits can’t be filed elsewhere may help.

Prior harassment? Let supervisor know

02/07/2018

Sometimes, you may want to use a last chance agreement to give a worker who violated your rules a second chance. Make sure supervisors know about it so they can be on the lookout for potential problems.

Make your complaint process retaliation-proof by limiting access

02/07/2018

Access to internal complaints should be on an as-needed basis. Restricting access to those files limits the number of staff members who can be accused of retaliation.

Don’t bad-mouth employees who miss work because of medical crises

02/07/2018

When HR staff make disparaging remarks about employees and their medical conditions, you can count on legal trouble.

No need to engage in accommodation process if disabled employee doesn’t request help

02/07/2018

Except in very rare circumstances, an employer isn’t obligated to provide an accommodation for a disabled worker who doesn’t ask for one. Otherwise, employers would be stuck having to read their employees’ minds.

Note firing for straw that broke camel’s back

02/07/2018

Former employees who sue over their discharge sometimes try to use their employers’ shifting explanations for the termination as evidence that they were fired for discriminatory reasons.