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Employment Law

Native American casino isn’t Title VII employer

03/11/2016
When is an employer not an employer under Title VII?

Employer gets to set harassment standards

03/11/2016
Employers have the right to set reasonable behavioral expectations for employees. This, of course, includes expecting that employees won’t sexually, or otherwise, harass employees. Feel free to make your anti-harassment policy as strict as you want.

Court: Constant racial slurs plus unequal treatment warrant a trial

03/11/2016
A few isolated comments don’t usually form the basis for challenging an otherwise legitimate employment decision.

Reasonable accommodations on the table? Put that offer in writing!

03/11/2016
Disabled employees who have medical needs that require a reasonable accommodation and don’t receive one can quit and still be eligible to receive unemployment benefits.

Know the fine line between talking about unions and real union organizing

03/11/2016
The rules that govern employee efforts to better their working conditions are complex.

Sometimes, employee gets 2 shots at lawsuit

03/11/2016
An employee who had a state interference-with-contract claim dismissed—the court said he had been legitimately fired for insubordination—can still file a federal whistleblower retaliation lawsuit based on the same facts.

Stray comments alone don’t prove bias

03/11/2016
A few stray comments in the workplace aren’t enough to taint every employment action. The comments have to be somehow tied to the employment action.

It’s perfectly legal to ask for FMLA documentation

03/11/2016
Don’t be afraid to ask employees for documentation showing that they qualify for FMLA leave. Unless you are actively harassing the worker about taking leave, asking for certification or more information doesn’t interfere with his FMLA rights.

FMLA ‘serious’ health conditions: Who decides and how?

03/10/2016
One of the trickiest parts of administering FMLA benefits is figuring out whether an employee’s health condition qualifies for leave. Who makes that decision … and how? Follow these steps to verify and certify an employee’s right to FMLA leave.

EEOC issues fresh guidance on anti-retaliation compliance

03/09/2016
The EEOC has updated its enforcement guidance on retaliation for the first time since 1998.