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Employment Law

Promote harmony, prevent hostile environment by adding civility policy to your handbook

07/13/2011
Few reasonable employees like working in an unpleasant environment where co-workers call each other names and generally treat each other with disrespect. They may, however, ignore such conduct to avoid rocking the boat. But supervisors who don’t put a stop to it risk a hostile environment lawsuit. That’s why you should consider adopting a civility policy that demands employees treat each other with respect and bans insults and other boorish behavior.

Mediation Board to review Delta union votes

07/13/2011

When nonunion Delta Airlines merged with unionized Northwest in 2010, it set the stage for unionization votes among all Delta workers. So far, the International Association of Machinists (IAM) is 0 for 3, having failed repeatedly to organize Delta baggage handlers, customer service representatives and stock clerks. The IAM appealed to the Na­tional Mediation Board, which has agreed to investigate the elections.

Honestly believe worker broke rule? Firing OK

07/13/2011
Here’s something to remember when you’re worried about firing someone because you might get sued: Judges don’t want to run HR departments. As long as HR acts honestly and believes the employee should be fired because she broke a company rule, chances are a lawsuit won’t ­succeed.

Milton car dealership settles wage-and-hour dispute

07/13/2011
Milton-based McKenzie Buick GMC has settled a dispute over minimum wage, overtime pay and tracking of employees’ hours worked. An investigation by the U.S. Department of Labor’s Wage and Hour Division revealed the dealership wasn’t maintaining accurate records of the hours many of its salespeople worked.

Tampa travel agencies sued for sexually hostile workplace

07/13/2011
Four Amigos Travel and Top Dog Travel are facing a class-action lawsuit after the EEOC stepped in on behalf of telemarketers who accused the Tampa-based companies of condoning sexual harassment.

NLRB okays inflatable rat in protests at Brandon hospital

07/13/2011
The National Labor Relations Board has ruled the use of a 16-foot tall inflatable rat outside a hospital in Brandon does not violate the National Labor Relations Act, even though the hospital is not directly in conflict with the union. Unions have long used rats as symbols for businesses that oppose organized labor.

When age seems obvious factor, expect lengthy legal process

07/13/2011
Here’s something to consider when terminating an older employee, while leaving younger ones in place: If your organization is sued, don’t expect the case to be tossed early on. Instead, brace for protracted litigation.

Employee feels slighted by promotion process? That’s not enough to win retaliation lawsuit

07/13/2011

Some employees believe that anything the least bit negative that happens to them after they file a lawsuit is grounds for a second lawsuit alleging retaliation. That’s not true. To constitute retaliation, an employer has to do something that would dissuade a reasonable employee from filing a lawsuit in the first place.

Appeals court: No second chance to appeal lower court’s decision on retaliation damages

07/13/2011
An employee who won a discrimination case after he filed an appeal has lost his second appeal. He had claimed it wasn’t enough that a lower court had ordered almost one million dollars in back pay. He said he should have been promoted, too.

Court: Veterans can’t sue for bias under Title VII or Florida Civil Rights Act

07/13/2011
The 11th Cir­cuit Court of Appeals has refused to recognize veterans as a protected class under either Title VII of the federal Civil Rights Act or under the Florida Civil Rights Act. That means claims based on military service must generally be brought under the Uniformed Serv­ices Em­ployment and Reemployment Rights Act (USERRA).