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Employment Law

What’s age bias? EEOC defines ‘reasonable factors’

04/30/2012
A few years ago, the U.S. Supreme Court said employers fighting claims of age discrimination carry the burden of proof to show that their alleged discriminatory decisions were actually based on a “reasonable factor other than age (RFOA),” not discrimination. The EEOC has issued final regulations that clarify RFOAs.

Who is an exempt professional under the FLSA?

04/29/2012
Q. We are a social services organization. After employees make home visits to clients, they must file reports within 24 hours, even if that means they must work on weekends. Most of these employees have two-year associate degrees; some have bachelor’s degrees. Can we treat these social workers as exempt employees under the FLSA?

5 questions & answers about accommodating mental disabilities

04/27/2012

The ADA requires employers to reasonably accommodate applicants or employees with mental or physical disabilities who are qualified to perform the job’s essential functions with or without a reasonable accommodation. Still, it’s a tricky issue.

Misclassification shuts down Charlotte firm’s out-of-state job

04/27/2012
Charlotte-based Sandoval Con­­struc­­tion was forced to suspend work on a Radisson Hotel in New London, Conn., after the Connecticut De­­part­­ment of Labor charged the company with improperly classifying employees as independent contractors.

N.C. teachers have 2 shots at appealing contract nonrenewal

04/27/2012
North Carolina teachers whose contracts aren’t renewed by their school districts have the right to challenge those decisions in state court. That doesn’t mean they give up their right to sue later in federal court. In effect, teachers get two bites at the apple.

Appeals court: Attorney fines OK to stop frivolous lawsuits

04/27/2012
Here’s some good news that may mean fewer frivolous lawsuits against employers. The 4th Circuit Court of Appeals has upheld a fine against attorneys who pursued a frivolous lawsuit against an employer.

Easy way to stop most harassment claims: Respond ASAP when employee first complains

04/27/2012
The key to preventing most har­­assment lawsuits lies in properly handling the situation when you first learn of a problem. A quick and effective response that stops the hostility right away is essential.

Beware minimum wage, OT violations–you could owe double damages, and more

04/27/2012
Here’s an incentive to make sure you pay employees properly: Failing to pay minimum wage or overtime may mean a lawsuit that goes back three years. Plus, winning employees receive twice what they were owed—and their attorneys collects legal fees commensurate with their time and effort.

EEOC lawsuit shows ADA mental disability peril

04/27/2012
Golden Living Center, a nursing home in Dartmouth, faces an EEOC disability discrimination lawsuit in a case that highlights the difficulty of dealing with mental disabilities under the ADA.

Beat bias suits with good business reasons

04/27/2012
It’s critical to base every employment-related decision on sound business reasons. It’s the only way to protect against lawsuits from employees who blame discrimination for every problem at work.