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Employment Law

You’re not a doctor! Don’t restrict pregnant employee’s work unless her physician says so

02/07/2011
Some old-school managers cling to outdated notions about how to treat pregnant employees. Kind gestures are fine, but watch out if a manager’s overprotectiveness results in women being denied promotions or opportunities to work when there’s no reason not to.

Amtrak faces equal pay suit

02/04/2011
The EEOC is suing Amtrak for pay discrimination and retaliation, following allegations by a female HR manager in Pennsylvania that the railroad underpaid her because she is a woman.

How to prevent succession planning from triggering discrimination complaints

02/04/2011
Many companies design succession plans so they can spot the next generation of leaders early and develop current employees to their full potential. If your organization is involved in such a process, step back and look: Does everyone who is tapped for special treatment come from the same race or gender? Or does the chosen group exclude older workers or the disabled?

Hand-held phone ban for commercial drivers?

02/03/2011
In 2010, the Federal Motor Carrier Safety Administration prohibited commercial truck and bus drivers from texting while driving. Last month, the agency proposed banning such drivers from reaching for, holding or dialing a cell phone while operating a commercial vehicle.

Complying with the Genetic Information Nondiscrimination Act

02/02/2011
In late 2010 the EEOC produced regulations on the Genetic Information Nondiscrimination Act (GINA). The regulations provide employers with specific guidance concerning what information they may gather about their employees, how GINA interacts with the FMLA medical certification process and how any genetic information the employer obtains is to be treated.

Meeting nursing-mother obligations under N.Y. and federal laws

02/02/2011
Today, nursing mothers have options protected by both federal and state laws. New York is at the forefront of the movement to allow mothers to feed their children nothing but breast milk up to the recommended six months.

NYC bakery workers get dough as part of DOL wage settlement

02/02/2011
A Manhattan bakery will fork over $436,000 in back pay, interest and liquidated damages to 27 employees as part of the resolution of a U.S. Department of Labor wage-and-hour lawsuit.

Safety for all: Ensure evacuation plans comply with the ADA

02/02/2011
Although we usually think of the ADA in terms of helping disabled people perform their jobs with or without accommodations, the law also has important workplace safety implications. Under the ADA, you must make sure your emergency evacuation plans take into account the needs of disabled employees. Some issues to consider:

Vague ‘unfairness’ complaints aren’t protected activity

02/02/2011
Before an employee can claim his employer retaliated, he has to show he engaged in a protected activity. But vague claims aren’t enough.

Arbitrators can decide post-termination retaliation

02/02/2011
Good news if you use arbitration agreements: They apply to former employees who claim retaliation based on protected activity. The potential result: You’re less likely to wind up defending a lawsuit in federal court.