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Employment Law

Nooses in the workplace? Immediately launch thorough investigation

03/03/2015

The only appropriate response to a claim of nooses in the workplace is an immediate investigation. That may require involving the police. Show you take the incident seriously even if the source may be a customer or a contractor. It’s the right approach and the one most likely to cut any potential liability after the fact.

Doesn’t matter that he didn’t put a ring on it! Engagement unnecessary for retaliation

03/03/2015
Back in 2011, the U.S. Supreme Court ruled that an employee who was fired after his fiancé—who worked for the same employer—filed an internal discrimination complaint could sue on his own accord alleging retaliation. The fiancé, the court concluded, was within the “zone of interest” meant to be protected from retaliation under Title VII. The Court held that by firing someone’s significant other, the employer in effect would indirectly punish the complainer. Until now, exactly who would be included in the “zone of interest” was in question.

Pennsylvania bosses personally liable for bias

03/03/2015
Here’s an important addition to your training curriculum: Make sure supervisors understand that under Pennsylvania law—unlike federal law—­they may be personally liable for discriminating against employees.

Firing for attendance? FMLA doesn’t count

03/03/2015
Here’s something to remember when you are ready to dismiss an employee for poor attendance: You can’t use any FMLA leave as a negative factor, and you can’t include any FMLA leave when tallying absences.

Will FLSA soon require predictable schedules?

03/03/2015
In a recent interview, U.S. Department of Labor Wage and Hour Division Administrator David Weil hinted that the department may be “looking very actively at” guaranteeing employees predictable schedules under the Fair Labor Standards Act.

Few details needed to begin hostile environment suit

03/03/2015
Employees who claim they were victims of a sexually hostile work environment don’t have to provide an exhaustive list of alleged hostile acts. Details can be provided later.

Use updated FMLA forms–at least for the rest of March

03/02/2015
With almost no advance notice, the federal government has revised recently expired FMLA forms to reflect a new effective date: March 31, 2015. The core suite of FMLA forms—doctors’ certifications of serious health conditions, notices of rights and responsibilities and designation notices—was set to expire Feb. 28.

Progress or gridlock? Bill would expand NLRB

03/02/2015
Sen. Lamar Alexander has introduced a bill that would expand the National Labor Relations Board from five members to six. Currently, the president appoints five board members with the “advice and consent of the Senate.” By law, two board members must be from the political party other than the president’s.

Single stupid comment can tank legitimate decision

03/02/2015
Bosses who don’t have appropriate verbal filters can accidentally turn a legitimate management decision into evidence of discrimination.

Appeal of firing doesn’t give more time to sue

03/02/2015
Employees who claim they were fired for discriminatory reasons have just 300 days to file an EEOC complaint. The clock starts ticking the day they’re terminated, not when they have exhausted internal appeals processes.