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Employment Law

DOL: Raleigh restaurant must pay back wages

12/19/2012
Raleigh’s Dos Taquitos restaurant must fork over almost $50,000 in back pay to 26 employees the U.S. Department of Labor says were shortchanged.

Asking for workers’ comp isn’t ADA-protected

12/19/2012
The ADA protects disabled em­­ployees from retaliation for claiming their right to accommodation and freedom from discrimination. But it’s sometimes tough to prove disability under the ADA, requiring a fairly serious medical condition.

Do we have to pay for unapproved overtime?

12/18/2012

Q. We have a policy requiring employees to get written permission before they are allowed to work any overtime. However, I have one employee who comes in early and stays late without approval. Must I pay him overtime?

What are our obligations to smell-sensitive employee and her co-workers?

12/18/2012
Q. Our office of about 30 people has been “asked” to stop using perfume and any other type of product that contains a fragrance because one employee claims those smells “bother” her. Everyone else feels this unfairly restricts the freedoms of the majority. Is there any legal backing to either side of this debate?

Are there any downsides to paying a holiday premium to exempt employees?

12/18/2012
Q. Our policy says employees who work on holidays are paid time-and-a-half. If an exempt employee works on a holiday, can I pay him time-and-a-half?

What Obama administration’s second term means for employers

12/18/2012
With President Obama taking the oath of office this month, employers are wondering what his second term will mean for them. Here is a sampling of the issues.

Settlement soon? EEOC rules Wet Seal discriminated

12/18/2012
Clothing retailer Wet Seal appears headed for a settlement after the EEOC ruled against it in a race discrimination complaint that alleged a high-level effort to trim the number of black employees working at the teen fashion retailers’ stores.

Pittsburgh café to serve up back pay to employees

12/18/2012
The Point Brugge Café, in Pitts­­burgh’s East End, must pay $37,719 to 39 workers that the U.S. Depart­­ment of Labor says were stiffed by an illegal tip-pooling system.

Was that race discrimination, or just a personality conflict?

12/18/2012
As an HR professional, you’re probably used to mediating what seem like silly disputes between co-workers. If neither employee mentions race, chances are a simple personality conflict is at the heart of the matter. Leave it at that—with a note for the record.

Employee has already complained to EEOC? Get attorney’s help before agreeing to settle

12/18/2012
Consult your attorney before settling any internal discrimination complaint. If the employee has already filed an EEOC or other complaint, giving her what she originally wanted may not be good enough unless there’s a formal, binding settlement agreement.