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Employment Law

Old school: No ageist comments about training

06/03/2015

Remind managers and supervisors that all qualified employees, regardless of age, should be offered appropriate training. Telling older workers that they may not succeed can mean a big lawsuit loss later.

New DOL rules could blacklist fed contractors

06/02/2015
Current and prospective federal contractors that violate employment laws could be barred from doing business with Uncle Sam if new proposed rules from the Department of Labor go through.

More free lawyers may lead to more litigation

06/02/2015

Generally, only indigent defendants are entitled to a free lawyer to defend against serious criminal charges that may result in jail time. The practical result is that employers really don’t have to worry too much about wholly frivolous claims, since few attorneys will take such cases on a contingent fee basis. Recently, however, there has been a growing trend among judges to appoint free attorneys in employment cases.

NLRB: It’s OK to F-bomb the boss on Facebook

06/02/2015
The NLRB has ordered an employer to reinstate an employee who was fired for posting an obscenity-laden rant about his supervisor on Facebook.

Supreme Court backs EEOC in headscarf case

06/01/2015
The Court has ruled in favor of the EEOC in a case that pitted fashion retailer Abercrombie & Fitch against a teenager who wasn’t hired after wearing a Muslim headscarf to a job interview.

Give lots of notice before changing FMLA rules

06/01/2015

Employees who need FMLA leave must notify their employers either 30 days before, if the need is foreseeable, or as soon as “practicable” if the need is unforeseeable. Thus, elective surgery requires 30 days’ notice, while emergency surgery does not. Lots of employers, however, have far less formal rules in place. Some allow a simple doctor’s note to stand in as a request for FMLA leave.

Long list of EEOC complaints costs Chicago temp agency $800K

05/31/2015
A Chicago-area staffing agency that checked almost all the boxes on the EEOC’s what-not-to-do list has agreed to settle two lawsuits filed on behalf of temp workers.

Texas Supreme Court: Opposing merely inappropriate acts not protected

05/29/2015
The Supreme Court of Texas has decided a case brought under Texas law that will help employers defend themselves against retaliation claims.

DOL touts efforts enforcing FLSA in Texas oil fields

05/29/2015
The U.S. Department of Labor claims a recent enforcement initiative in the oil fields of West Texas and Eastern New Mexico has resulted in workers recovering $1.3 million in lost wages. The DOL Wage and Hour Division oil and gas initiative began in late 2014.

Beware legal risks of raising employees’ titles in lieu of pay

05/29/2015
When budgets for raises are lean, it’s tempting to reward employees with a better title than a hefty pay increase. That’s risky.