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Employment Law

Male candidate needs to ‘support his family’? That’s no reason to pay him more

04/15/2014
Here’s a warning to pass on to any manager or supervisor involved in employee interviewing, hiring or supervision: Never make a sexist comment about pay or benefits. It may come back to haunt the organization should an employee later sue for sex discrimination or pay equity.

Informal hiring input does not an exec make

04/15/2014

Managers and supervisors are often classified as exempt from overtime under the FLSA’s executive exemption. It requires that the employee have the authority to hire and fire or make hiring and firing recommendations that carry particular weight. Some employers believe they can meet this requirement by asking for recommendations or insight into potential hires. That’s not enough.

Wage-and-hour 101

04/14/2014
Properly paying employees is one of the most basic employer responsibilities, yet wage-and-hour cases continue to flood the legal system. It’s critical to understand the laws that govern when workers must be paid.

Know the law: Background checks continue to trip up employers

04/14/2014
If you don’t follow the rules, background checks can cause more trouble than they prevent. Your background process can also become the basis for a class-action lawsuit.

Court blocks Teamsters’ bid to thwart company sale

04/14/2014
A court has ruled that the Teamsters union can’t scuttle the sale of Will Poultry, a Buffalo food distributor.

Board members may count as employees for Title VII suit

04/14/2014
Some small nonprofit organizations may think they don’t have to follow Title VII anti-discrimination rules because they only have one or two employees. They could be wrong if the board that manages the organization pays officers to attend meetings and generally holds them accountable for assignments and meetings.

Document that employee requested transfer

04/14/2014
If an employee requests a transfer, be sure to document that he did so.

Handling new hires or promotions from within, document every step of interview process

04/14/2014
Document every step of the interview process for new applicants and internal candidates. Make sure the process is uniform and that every interviewee gets the same treatment.

One insensitive comment isn’t enough to create a hostile environment

04/14/2014

People say stupid things all the time. When it happens at work, the consequences can be profound. But many dumb slips of the tongue turn out to be merely insensitive, not malicious. As long as the comments don’t become frequent or more severe, there won’t usually be any lasting damage.

Beware firing worker who moonlights while out on medical disability leave

04/14/2014
It may seem wrong for an employee who is out on disability leave to work another job. But firing her for allegedly lying about her medical condition may backfire in the form of a disability or retaliation claim.