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Employment Law

Is that manager really exempt? Much depends on how she spends most days

08/28/2013
The best approach to classification is to regularly review exactly what employees actually do, day in and day out. Then measure that by what the FLSA regulations say indicates exempt status.

In Winston-Salem case, ‘non-Asian’ isn’t protected

08/28/2013
A DOL judge has shot down a discrimination complaint against Winston-Salem-based VF Jeanswear Limited Partnership, claiming it discriminated against “non-Asians” in its hiring practices in violation of Executive Order 11246, which forbids racial discrimination in hiring for government contractors.

Employee represents herself? Be patient

08/28/2013
The best approach when faced with an employee who files her own lawsuit without a lawyer’s help is to exercise patience. In almost all cases, a judge will toss out the case as soon as he or she is convinced there’s nothing there.

You’re not Dr. Phil! Bosses and HR should manage–not label–employees’ problems

08/27/2013
Supervisors and HR sometimes use psychological lingo to describe employee behavior that they find annoying or disturbing. But watch out: That amateur armchair analysis can create legal headaches for your organization.

NLRB, EEOC confidentiality stance muddles investigations

08/26/2013

The NLRB and EEOC are actively enforcing the position that a blanket policy requiring confidentiality during investigations violates federal labor and employment law. That means employers must proceed carefully and thoughtfully when making confidentiality requests during investigations.

Decision could open door for out-of-court FLSA settlements

08/26/2013

Most federal district courts routinely hold that out-of-court settlement agreements, to the extent that they purport to waive FLSA claims, are unenforceable. That has made it difficult and expensive for employers to resolve pay issues, even when they realize they made a mistake and want to compensate the employee fairly. Last year, the 5th Circuit Court of Appeals took a more pragmatic ap­­proach in Martin v. Spring Break ’83 Productions.

Balance the pluses and minuses of switching to PTO banks

08/26/2013
Some employers have retooled the traditional method of setting paid time off in separate categories by folding vacation, personal or sick leave entitlements into one “bank.”  So-called paid time off (PTO) programs offer benefits for employers and employees alike, but there are some potential pitfalls if you are not careful.

Overwork, rudeness don’t create hostile environment

08/26/2013
Workers who are more sensitive than others can’t sue, alleging a hostile work environment, unless conditions are truly terrible. They simply have to tolerate the occasional un­­kind comment and other ordinary workplace annoyances.

Email claiming ‘mistreatment’ not protected activity

08/26/2013
Employees who complain about discrimination are protected from retaliation. But their complaints have to be specific, at least mentioning why they suspect discrimination. Other­­wise, they aren’t engaged in protected activity and can’t allege retaliation.

Candidate tanks during job interview? That’s a legitimate reason not to hire

08/26/2013
Interviews reveal applicants’ membership in protected classes like race, sex and obvious disability. As a result, courts sometimes look with suspicion on rejecting an applicant who was obviously qualified enough to earn an interview but who was rejected because of her interview performance.