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Employment Law

NLRB: No hiring preference for crossing picket line

09/10/2015
The National Labor Relations Board has ruled that Dresser-Rand Co., located near Corning, N.Y., violated the National Labor Relations Act when it reinstated workers who crossed the picket line before it hired back those who stayed on strike during labor unrest at the plant.

OK to call or text with settlement offers

09/10/2015

The Fair Labor Standards Act protects employees and former employees against retaliation for complaining about wage-and-hour violations, including filing lawsuits. For example, an employer can’t try to punish a former employee by providing false negative references or otherwise interfering with someone’s job prospects. Basically, retaliation is anything that would dissuade a reasonable person from making the complaint in the first place. Fortunately, simply asking the former employee if he wants to settle a lawsuit isn’t enough, even if the effort is persistent and makes for an uncomfortable confrontation.

Train bosses: Snap decisions almost always risky

09/10/2015

Treating an applicant rudely or making snap judgments can mean ending up in court, trying to defend against charges of race or other perceived discrimination. Here’s a case you can use as an example of how not to greet an applicant even if you are sure he won’t be hired.

NYC legal temp agency gets lesson in discrimination law

09/10/2015
The owners of New York City-based Strategic Legal Staffing were apparently surprised to learn how litigious lawyers can be. The legal temp agency found out the hard way when it allegedly rejected a job candidate after learning she was 70 years  old.

Why you must track participation in training

09/10/2015

In many workplaces, promotions partly depend on completing training sessions or otherwise showing efforts to improve and grow. But some employees won’t make the effort. Of course, that doesn’t mean they won’t sue over missed promotions. That’s why you should be prepared to show which employees took advantage of training opportunities and which employees didn’t.

California Uber drivers win right to file class-action suit

09/09/2015
A federal judge has ruled that a group of Uber drivers in California can proceed with their class-action lawsuit against the ride-hailing service. The Sept. 1 decision to certify Uber drivers as a class clears the way for a massive lawsuit that could encompass as many as 160,000 plaintiffs.

Can I allow interns to work for free?

09/09/2015
Q. A few local college students have expressed interest in interning at my dental office. I could really use their help filing papers, putting things on the computer and dealing with the patients. Can I utilize unpaid interns without breaking the law?

How should I accommodate breastfeeding at work?

09/09/2015
Q. An employees is about to return from maternity leave and wants to pump breast milk at work. She is asking for a room specifically designated for pumping, as she feels uncomfortable doing so in the bathroom or the office, and for several breaks during the day. Do I have to provide this accommodation?

Trio of EEOC charges leads San Antonio firm to settle

09/09/2015
San Antonio-based Taprite Fassco has settled gender, disability and retaliation charges leveled by a female quality control employee. Taprite Fassco manufactures carbon dioxide regulators for soda and beer dispensers.

EEOC report details progress of women, minorities at work

09/09/2015
In conjunction with its 50th anniversary, the EEOC has compiled data showing that women and minorities have made significant yet still incomplete inroads in a changing employment landscape.