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Employment Law

Court: ADA class-actions generally won’t fly

04/25/2013
Because the ADA requires employees to show they are disabled based on individual restrictions, a class-action lawsuit against an employer isn’t appropriate in most cases.

Courts lose patience with hypersensitive employees

04/25/2013
Courts are getting quicker with the gavel when it looks like a lawsuit might have been filed by an overly sensitive employee who perceives vague comments as harassment.

How to draw DOL scrutiny: Withhold pay, fudge time sheets

04/25/2013

The DOL’s Wage and Hour Division doesn’t want to see any funny business when it comes to accurately recording hours worked or paying employees on time. Don’t even think about manipulating payroll systems. Doing so will result in double damages going back three years.

After employee files internal complaint, beware anything that might look like retaliation

04/25/2013
Here’s something to warn super­visors about after an employee has filed a discrimination or harassment complaint: Even if the initial complaint proves unfounded or too minor to be illegal, any punishment the complaining employee experiences later may amount to retaliation.

Landscaping company illegally trimmed wages

04/25/2013
Cyrilla Landscaping in Coraopolis, outside Pittsburgh, has agreed to pay $39,091 in back wages to 29 workers following a DOL investigation—plus another $39,091 because the feds found the violations were willful.

Judge to U.S. Steel: Random drug testing OK

04/25/2013
Rebuffing the EEOC, a federal judge has ruled that U.S. Steel can randomly test new workers for substance abuse.

Worker on FMLA leave? Limited contact OK

04/25/2013
Sometimes, pressing business matters require a supervisor or other company representative get in touch with an employee who’s out on FMLA leave. As long as the contact is limited to true business needs and isn’t unduly restrictive or intrusive, the contact won’t cause you to lose an FMLA interference lawsuit.

Assess ADA disability against average ability

04/25/2013
The ADA doesn’t cover everyone who has any kind of medical problem. Even something like complete deafness in one ear may not be enough to make an employee disabled.

Night shift assignments: Must we pay more?

04/25/2013
Q. We aren’t getting volunteers to cover evening hours, so we’ve decided to rotate everyone into the evening shifts. I am hearing that we have to add a “shift differential” to those who work nights. Is this true?

Can transportation firm include class-action waivers in arbitration agreement?

04/23/2013
Q. We would like to ask all of our employees to sign arbitration agreements. However, in light of the 2011 U.S. Supreme Court decision in AT&T Mobility v. Conception, we would like these arbitration agreements to contain class-action waivers. How should we handle this process, given that we are in the transportation industry?