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Employment Law

Alerting boss of job-bias rules is not ‘protected activity’

11/09/2015
The role of an HR professional includes educating management on anti-discrimination laws. Doing so is generally considered doing one’s job and isn’t protected activity.

Responding to harassment complaint? Don’t force victim into unfair decision

11/09/2015

There’s a right way and a wrong way to handle a sexual harassment complaint that may have involved physical assault. Suspending the alleged harasser is the safest approach. Telling the allegedly assaulted employee to choose between accepting a transfer or working with the harasser is not. She likely will quit and fire off a claim that she was constructively discharged.

Victim didn’t complain about supposed hostility in workplace? He may be out of luck

11/09/2015
If an employee ignores slurs or other hostile behavior—or even jokes about it with co-workers—that may be evidence the employee wasn’t personally offended and, therefore, won’t be successful in his hostile environment lawsuit.

Vindictive managers can spark FMLA liability

11/09/2015
While it isn’t convenient for managers when an employee takes FMLA leave, that leave is an entitlement. Punishing the employee—in small or big ways—when she returns can backfire big time.

Orthodox synagogue sued for firing pregnant employee

11/06/2015
Just before she went on her honeymoon, a program director at Manhattan’s Shearith Israel, the oldest Jewish congregation in the country, confided to a co-worker that she was 19 weeks pregnant. The synagogue fired here upon her return.

Dunkin’ Donuts manager: Not so sweet

11/06/2015
A Westchester County, N.Y., Dunkin’ Donuts franchise finds itself in hot oil after a store manager allegedly slapped a female employee who refused his sexual advances.

Fired college coach, 88, files age-bias complaint

11/06/2015
After 31 years on the job, the cross-country coach for Hunter College in New York is suing the school, alleging he was forced out because of his age.

All work, no pay: Intern sues Olsen twins’ fashion house

11/06/2015
A former intern is suing Mary-Kate and Ashley Olsen’s Dualstar entertainment, alleging she received neither pay nor college credit for four months of work. The former intern seeks to make the suit a class action by including 40 other interns.

Fancy title won’t erase overtime eligibility

11/05/2015

Remember: The title that you decide to give an employee has no impact on whether or not she should properly be classified as exempt from overtime pay. What matters are her duties. If they are routine and menial in nature, she’s not exempt, even if she holds a lofty title in the organization.

Bosses: Send accommodation requests to HR

11/04/2015
Here’s a simple tip that can save your organization time and legal troubles in the long run: Train all your managers and supervisors to tell employees asking for disability accommodations to take up the matter with the HR department. Don’t let managers go it alone with their own accommodation efforts.