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Employment Law

ADA accommodation can’t be based on disabled employee’s promise not to sue

03/15/2017
Never condition an accommodation on the employee’s promise to drop an EEOC complaint or a threatened lawsuit.

Warn supervisors: No griping about impact of employee taking FMLA leave

03/15/2017
Supervisors need to avoid expressing frustration about a worker’s illness and its effect on operations or insurance cost. Any such criticism may be used against you should the employee have to be disciplined or discharged.

Never ignore harassment, even if employee doesn’t use your reporting system

03/15/2017
Simply having a sexual harassment policy doesn’t mean employers can ignore harassment they learn about via avenues that aren’t prescribed in the policy.

Anti-gay bias cases in limbo in 2nd Circuit

03/15/2017
It remains a hotly debated issue whether Title VII makes discrimination on the basis of sexual orientation illegal. Thus, anti-gay bias in the workplace remains a potentially serious problem for employers.

D.C. court weighs appeal of Browning-Ferris NLRB case

03/13/2017
The D.C. Court of Appeals heard oral arguments March 9 in a case that challenges the National Labor Relations Board’s 2015 decision in Browning-Ferris, which expanded the definition of a “joint employer” to include entities that exert even indirect control over another organization’s employees.

Labor Secretary-designate Acosta to join elite club

03/13/2017
If Alexander Acosta is confirmed as the nation’s 27th secretary of labor, he will join some illustrious company.

Bill would let employers require genetic testing

03/13/2017
The House Committee on Education and the Workforce has passed legislation that would allow employers to force employees to undergo genetic testing related to wellness program health assessments.

One time you don’t have to give FMLA notice

03/12/2017
If an employee has already taken FMLA leave several times before, do you still have to go through the motions of providing FMLA notice every time the employee calls off?

Labor Department still probing Wells Fargo

03/09/2017
Fallout from the Wells Fargo sham account fraud continues. The scandal, which broke last fall, recently cost four senior bank executives their jobs.

Is it legitimate to prohibit our employees from discussing their compensation?

03/07/2017
Q. Our policy prohibits employees from discussing their salaries and benefits with each other. This helps reduce untimely requests for raises, petty gossip and the inevitable questions about why one employee makes more than another. Is such a policy a good idea?