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Employment Law

Pay up! Wage-and-hour issues take center stage in 2015

12/23/2014
Wage-and-hour issues could take center stage in 2015, with federal, state and local legislative battles looming over increases to the minimum wage, more wage-and-hour litigation and proposed regulations that could dramatically narrow the overtime exemptions under the Fair Labor Standards Act.

Disabled SSA employees settle for $6.6 million

12/23/2014
Current and former employees of the Social Security Administration will receive $6.6 million to settle charges the agency failed to accommodate disabled workers and denied them promotions. A federal judge in Baltimore has given preliminary approval to the deal.

Comments on accent aren’t automatically discrimination

12/23/2014
Some people who speak English well still have thick accents. Asking for clarification or inquiring about the accent isn’t national-origin discrimination, as long as it’s not disrespectful.

Aim high! You can strive for a more diverse workplace without breaking the law

12/23/2014
As long as you consider all candidates on their individual merits and not solely because of what sex, age, race or ethnicity they belong to, your efforts at diversity won’t get you in trouble.

HR staffing: Those who handle discipline shouldn’t have access to FMLA info

12/23/2014

If you have a large enough HR office, it makes good sense to keep the FMLA request and approval process separate from the disciplinary process. Doing so ensures that someone with expertise in FMLA administration handles the entire process. But there is an additional benefit.

More than a matter of style: Grooming rules can differ based on sex

12/23/2014
If you have a dress and grooming policy that sets out different rules for men and women, you aren’t necessarily setting yourself up for a sex discrimination lawsuit.

City of Brotherly Love rates high for LGBT rights

12/23/2014
Philadelphia scored a perfect 100 in the Human Rights Campaign’s annual rankings of American cities with local laws and policies that protect lesbian, gay, bisexual and transgender people from discrimination.

Beware firing right after EEOC complaint

12/23/2014
Here’s a warning on discharge timing: If you happen to make the final termination decision right after the employee files an EEOC charge, timing alone may be enough to send the case to trial.

NLRB pushes ahead on joint employer cases

12/23/2014

A Dec. 19 statement from the NLRB’s Office of the General Counsel said it found merit in 78 unfair labor practices charges filed against various McDonald’s franchise holders and McDonald’s USA. That means McDonald’s USA could be found liable for any illegal employment practices committed by its franchisees.

10 mistakes that crush your ability to win a retaliation lawsuit

12/22/2014

When employees complain internally about discrimination or lodge a complaint with an outside agency like the EEOC, they’ve en­gaged in what’s called “protected activity.” They may not be correct about the discrimination, but if the employer retaliated against an em­­ployee for complaining in the first place, they could win a large jury award anyway.