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Employment Law

Short reassignment delay is generally OK

08/11/2016
Sometimes, it takes a while for management to make changes in schedules and duty assignments after a promotion or transfer. A reasonable delay—even if it results in some loss of pay—isn’t considered an adverse employment action or serious enough to win a discrimination lawsuit.

DOT safety certification trumps ADA protection

08/11/2016

Some jobs require special government physical certifications as a pre-requisite to employment. These are generally designed to make sure the employee can safely perform a job that might otherwise put the public, or the employee, at risk of harm. What happens if such an employee becomes disabled?

EEOC sues over firing of HIV-positive worker

08/11/2016
The EEOC has filed suit against a large Midwest McDonald’s franchisee that recently fired an employee who is HIV-positive and requires its employees to report all prescription medications they take.

Subway pact raises joint employer concerns

08/11/2016
A voluntary agreement signed on Aug. 1 between the Department of Labor and Subway—in which the sandwich chain pledges to force its franchisees to comply with wage-and-hour laws—is raising eyebrows among business advocates.

EEOC calls for better anti-harassment training

08/11/2016
The EEOC wants employers to double down on their workplace harassment prevention efforts.

Never pull job offer because of pregnancy

08/11/2016
The EEOC could well take the lead role in such a case—and it can throw almost unlimited legal and financial resources into its effort to beat you in litigation.

EEOC issues guidance on leave as a reasonable accommodation

08/10/2016
Here are the key points of the guidance, which was prompted by a disability discrimination spike.

Horseplay or harassment? Use common sense

08/10/2016
Employers sometimes have to make judgment calls: Is that misbehavior plain old horseplay … or a serious case of sexual harassment? The difference often comes down to context.

Federal contractors must comply with new rules on sex bias

08/09/2016
The Office of Federal Contract Compliance Programs’ revised rules take effect today.

Wage suit against Friendly’s claims it’s a joint employer

08/09/2016
A ruling by a federal judge in the Middle District of Pennsylvania will allow a class-action lawsuit to proceed against Friendly’s Ice Cream stores and its franchisees. According to the complaint, the restaurant chain requires servers to perform work off-the-clock during unpaid meal breaks and after clocking out following their shifts.