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Employment Law

Get expert help when classifying commercial drivers

01/31/2012
Here’s a bit of advice to any employer using commercial drivers in their enterprise: Before concluding those employees are exempt from overtime under the Fair Labor Standards Act because they’re covered by the Motor Carrier Act, call your attorney.

Asthma and allergies aren’t always disabilities

01/31/2012
Some employees claim they have asthma and allergies that are exacerbated by common workplace smells. That doesn’t mean, however, that em­­ployers have to create an allergen-free environment.

Documented insubordination can often sink employee’s discrimination lawsuit

01/31/2012

Employees who sue for discrimination have to prove they are members of a protected class, were qualified for the position they held, were terminated or subjected to another adverse action and were treated less favorably than employees outside their protected class. Employers that can show the em­­ployee was insubordinate can quickly win such cases.

Beware job alterations after FMLA leave

01/31/2012
Employees who take FMLA leave are entitled to their old jobs or an equivalent one when they return. Offering a less prestigious position or one with different hours is asking for trouble.

Remind managers to steer clear of discrimination by association

01/30/2012
The next time you conduct discrimination training, remind supervisors that discriminating against employees because of their spouses’ protected characteristics can be just as legally dangerous as direct discrimination against the employees themselves.

After light bulb goes on, power company settles

01/27/2012
Winston-Salem based Salem Electric Co. has settled charges it discriminated against a black worker when it accused him of being responsible for breaking a number of light fixtures the company was supposed to install.

In Thomasville, prospective principal pockets $25,000

01/27/2012
Thomasville City Schools will pay $25,000 and provide age discrimination training to key personnel under a settlement agreement with a would-be school principal and the EEOC.

President proposes new pay rules for home health workers

01/27/2012
In an attempt to right what he ­­per­­ceives to be a wrong-headed Supreme Court decision, Presi­dent Obama is asking the DOL to change Fair Labor Stand­­ards Act regulations covering home health care workers.

You never have to tolerate fights in the workplace

01/27/2012
Violence in the workplace is a harsh reality, but employers must provide a safe work environment. That may mean terminating employees who threaten other employees or get into fights.

Don’t expect losing employee to pay your legal fees

01/27/2012
Typically, employers that lose discrimination lawsuits have to pay the employee’s attorneys’ fees in addition to any jury award. But the opposite isn’t true—employees almost never have to pay their employer’s lawyers unless the case was frivolous.