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Employment Law

Track problems as soon as troublemaking starts

08/18/2014

Sometimes, employees who sense they are skating on thin ice at work will decide they want to keep their jobs, improve their output and adjust their attitudes to comply with your expectations. And sometimes they won’t. Determine which path such an employee has chosen by tracking both work performance and behavior over time.

LinkedIn to pay nearly $6M for unpaid overtime violations

08/15/2014
The business-oriented social media site LinkedIn has agreed to pay $3,346,195 in overtime back wages and $2,509,646 in damages to 359 former and current employees.

EEOC publishes new guidance on Pregnancy Discrimination Act

08/14/2014
The EEOC has issued new guidance tying Pregnancy Dis­­crimi­­na­­tion Act requirements to the broader disability definition in the ADA Amendments Act.

Suit alleges women forced to kiss and wrestle at bar

08/14/2014
A midtown-Manhattan bar faces charges it forced waitresses to kiss one another and wrestle in cranberry sauce while patrons took pictures and videos.

Court rules volunteer not entitled to FLSA protection

08/14/2014
A young man who volunteered at a school in hopes of building his résumé is not an employee as defined in the Fair Labor Standards Act according to the 2nd Circuit Court of Appeals.

Even with arbitration, some claims may go to trial

08/14/2014
Here’s something to consider when you decide to add an arbitration clause to applications and require employees sign them as a condition of employment: You may end up forcing the em­­ployee into arbitration, but still become embroiled in other related litigation.

Beware even tiny pay gaps between men and women

08/14/2014
Even a small gender-based pay differential may be­­come the foundation of a class-action lawsuit.

Judges don’t preside over pity parties: Unfairness not enough for a lawsuit

08/14/2014
Sometimes, like life, supervisors are unfair. But unless there’s some other problem, being treated unfairly isn’t grounds for a lawsuit. Employees have to show that something illegal motivated the unfairness, such as racial or gender bias. Just saying that was the reason isn’t enough, either.

No FMLA? That doesn’t mean you’re free to fire and replace new mother

08/14/2014
Some employers mistakenly think that if they terminate an em­­ployee who isn’t yet eligible for FMLA leave, the employee can’t sue. While you may not be violating the FMLA, you may violate other laws that protect the worker.

Better late than never: Stop long-simmering racial hostility as soon as you discover it

08/14/2014
Sometimes, employees complain about racial harassment but don’t sue right away. Don’t think the problem will go away just because no one has filed an EEOC complaint.