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Employment Law

EEOC issues new mandatory poster highlighting GINA

01/04/2011
It’s time to update your break-room bulletin board. The EEOC has issued a new “EEO is the Law” poster that most employers must display, now including information on employee rights under the recently enacted Genetic Information Nondiscrimination Act. Download it here.

Investigation must be reasonable–not perfect

01/03/2011

Have you worried that your investigations into employee wrongdoing aren’t good enough? Stop fretting. As long as your investigations are fair and reasonable, they don’t have to be perfect. The workplace isn’t a court of law, and employers don’t have to prove beyond a reasonable doubt that an employee broke a rule.

Understanding Minnesota’s personnel record requirements gives you a leg up during litigation

01/03/2011
Minnesota’s personnel record rules can cause problems for employers that don’t operate primarily in the state. For example, employers that aren’t used to the rules may not realize that employees can challenge the truthfulness of information in personnel records and then sue for defamation.

Document all discipline, every complaint

01/03/2011

Some employees may manufacture complaints when they think they’re in trouble at work. That’s why it’s so important to maintain good records of all work problems, discipline and complaints. Employers that can prove they were raising concerns about performance before the employee complained about discrimination or harassment effectively cut the causal link between the complaint and the alleged retaliation.

Update job descriptions to include new duties

01/03/2011

If you don’t have accurate and up-to-date job descriptions, you’re probably courting trouble—especially if an employee develops a disability and wants a reasonable accommodation. That’s because what an employee considers a job’s essential functions may not jibe with your assessment.

Credibility plays part in handling harassment

01/03/2011

When you have to fire a protected-class employee for sexual harassment, there’s always the fear that he will turn around and sue for discrimination. But remember: Credibility plays a part in deciding what happened in cases of alleged harassment. If a respected and trusted employee made the harassment accusation, the fired worker will have a hard time winning a lawsuit.

Twittering away the day on FMLA

01/03/2011
Have you ever searched Twitter for the term “FMLA”? You’ll find some interesting interpretations on how people use their “family” or “medical” time off. Chicago law firm Franczek Radelet PC collected these recent tweets:

When conducting bias investigations, you don’t need to be perfect–just reasonable

12/31/2010
Here’s a bit of good news for HR professionals who worry that they aren’t conducting perfect investigations. Courts just want to see employers act reasonably. That doesn’t mean investigations must prove employee misconduct beyond a reasonable doubt.

Are employers required to ban texting while driving?

12/31/2010
The legal wall against texting while driving is building. In 2009, an executive order prohibited federal employees from doing it. In 2010, federal regulations made it illegal for commercial truck and bus drivers to do it. And laws in at least 30 states make it unlawful for all drivers to text in the driver’s seat. But what about drivers who aren’t covered under any of those laws?

ABA/DOL partnership: ‘New sheriff’ gets a deputy, which could trigger more FMLA, FLSA lawsuits

12/30/2010
Proclaiming “there’s a new sheriff in town,” U.S. Department of Labor Secretary Hilda Solis last year launched a series of new enforcement efforts aimed at employers. Last month the DOL unveiled a first-of-its-kind attorney-referral partnership with the American Bar Association.