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Employment Law

Investigate every claim of sexual harassment

With the rise of the #MeToo movement, many employers worry that alleged victims will falsely accuse someone of sexual harassment. It’s a realistic fear, but you should never use that as an excuse not to investigate sexual harassment complaints when they surface.

DOL seeks employer comments on proposed FMLA form revisions

The U.S. Department of Labor is soliciting feedback on proposed revisions to seven forms used to certify the need for FMLA leave and provide notice of FMLA rights and responsibilities.

HR pro tip: Never ignore a lawsuit

Courts set tight deadlines for responding to lawsuits once they have been served. Miss a deadline without a rock-solid excuse, and you’re probably looking at a default judgment. Then it’s merely up to the plaintiff to provide some elementary proof that he’s entitled to damages.

Prevention key to cutting harassment liability

The best way to avoid liability for sexual harassment is to prevent it from occurring in the first place. That’s why it’s so important to educate supervisors on your sexual harassment policy.

Removal from dangerous duty brings ADA suit

A federal court has reinstated a Georgia police detective’s case against her employer after she produced evidence the police department regarded her as disabled when she was not.

Security company zapped for overtime violations

Star Pro Security Patrol of Costa Mesa, California, has agreed to settle charges it failed to pay proper overtime to 63 employees.

Tapioca Express settles EEOC sex harassment suit

Asian tea and snack chain Tapioca Express and two of its franchisees have agreed to a 30-month EEOC consent decree.

Piece work pay rate violates FLSA in LA

ESS Apparel in Los Angeles has agreed to pay 21 employees $53,876 in back pay and overtime to resolve charges it violated the Fair Labor Standards Act.

Offer to ‘help’ doesn’t equal quid pro quo harassment

A supervisor’s offer to “help” someone reach their career goals in exchange for romantic involvement isn’t enough to support allegations of quid pro quo harassment. To make the employer liable, the supervisor must have had the power to actually “help” and then deny that assistance.

Prepare to reasonably accommodate medical testing

Don’t assume that someone who appears healthy and has been successfully performing his job isn’t disabled while undergoing medical tests.