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Employment Law

Dayton: the next New Haven? Police hiring tests to be tossed

05/06/2011

Dayton officials are poised to toss out 748 passing police-hiring exam scores and conduct oral interviews to improve minority hiring for the city’s police department. At first glance, the situation in Day­­ton seems to resemble the case in Ricci v. DeStefano, a 2009 U.S. Supreme Court case. There are important differences, however.

DOL dogs animal hospital to make good on OT violations

05/06/2011
Pleasant Run-based Hamilton Avenue Animal Hospital faces a wage-and-hour lawsuit after a U.S. Department of Labor investigation found the owners forced employees to pay back overtime they had received.

Tell managers: Get over it! Handling ­employee complaints is part of the job

05/06/2011

It gets tiresome hearing complaints all day. But managers need to understand that showing any irritation when an employee gripes may taint any subsequent disciplinary action against the complainer. The best approach is to accept every complaint with a smile and send it on to HR.

Disciplining? Consider employee’s FMLA status

05/06/2011
Employees who take FMLA leave may have a retaliation case if their employers discipline them differently than other employees and can’t explain why. That’s why you must be able to explain every discipline decision and differentiate between seemingly similar conduct.

Undocumented workers can still win overtime suit

05/05/2011
The immigration status of employees is irrelevant when it comes to their ability to file and win Fair Labor Standards Act lawsuits, as a new case shows.

Check your FMLA policy: Does it comply with new leave expansions?

05/04/2011
Congressional actions often grab the headlines, but recent executive branch moves have subtly expanded those who qualify for leave under the Family and Medical Leave Act. Make it a point to regularly review your FMLA policy to ensure it is up-to-date and complies with the latest laws, court decisions and Department of Labor regulations and interpretations.

N.Y. offers tools for Wage Theft Prevention Act compliance

05/04/2011
The New York State Department of Labor has issued notification templates New York employers can use to comply with the state’s new Wage Theft Prevention Act. The law, which went into effect April 9, requires employers to provide every employee with a statement detailing the following information:

Even lawyers ‘lawyer up’ in employment law cases

05/04/2011
Former Ropes & Gray partner Patricia Martone is suing the multinational law firm for age and sex discrimina­tion and ERISA violations. According to her complaint, senior partners pressured her to turn over some of her key clients to younger, male partners. When Martone refused, she says, she was fired.

Eaton Corp. faces sex discrimination suit

05/04/2011
Two former employees at electronics company Eaton Corp. have filed suit in a New York federal court, claiming the company systematically discriminates against women.

Mexican food: Sure it’s nice, but is it art?

05/04/2011
The owners of a restaurant, apparently attempting to capitalize on the growing popularity of cooking as art, have lost their argument that a cook is exempt from overtime under the Fair Labor Standards Act.