• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Before firing for too much sick leave, ensure it wasn’t FMLA-covered serious condition

07/21/2017
The FMLA doesn’t cover minor illnesses, and employers are free to punish employees who miss work because of them. However, employers do have an obligation to investigate further if the employee reports she received medical treatment and followed call-off rules.

Take control of hourly abuse! Just banning off-the-clock work isn’t enough

07/21/2017
If you’re like most employers, you want to control who works overtime and when they do it. You no doubt have a sternly worded policy addressing the issue in your handbook. But a strong policy is only half the battle.

Sometimes you simply must fire whistleblower

07/21/2017
Occasionally, it may become clear that a whistleblower needs to be fired for reasons entirely unrelated to his protected activity. That requires careful thought, because the employee may claim that his termination was retaliation.

Title VII protects men against sex bias, too

07/20/2017
When it comes to Title VII’s sex discrimination provisions, we usually think of the law protecting women against gender bias. In fact, men can and frequently do complain to the EEOC about so-called reverse sex discrimination.

U.S. Supreme Court concludes term light on employment law

07/19/2017
The U.S. Supreme Court term that ended in June was most defined by the addition of new Associate Justice Neil Gorsuch in April. The High Court had been operating short-handed since February 2016, when Justice Antonin Scalia died. Few of the cases decided affected employment law.

Out-of-state employers can be liable under NYHRL

07/19/2017
Out-of-state entities with the power to dictate a New York employer’s hiring and retention policies take notice: You can be subject to liability under the New York Human Rights Law if you “aid and abet” discrimination against individuals who have a prior criminal conviction, even if you are not the direct employer of those individuals.

Applebee’s franchisee sued in transgender harassment case

07/19/2017
The EEOC has filed suit against Apple Metro, the franchise holder of an Applebee’s restaurant in Hawthorne, New York, claiming it fired a transgender employee after she complained of co-worker harassment.

Fox Radio reporter claims retaliation for bias complaint

07/19/2017
A former Fox News Radio correspondent claims she was fired less than 24 hours after using a company hotline to voice concerns about gender discrimination. Fox has labeled the charges “meritless” and claim her job was axed due to budget cuts.

Discipline or termination after FMLA leave? Prepare to prove it wasn’t retaliation

07/19/2017
Typically, courts look at whether an employee has used FMLA leave in the past when considering whether his employer interfered with his FMLA rights more recently.

Beware accommodation problems when you might be part of joint employer arrangement

07/19/2017
When it comes to employment law compliance, arrangements involving staffing companies sometimes prompt the question: Just who is the employer, the staffing agency or the client? Often, the answer is that either or both of them may be liable for employment law violations.