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Employment Law

Lesson from ‘I’m too sexy for my shirt’ case: Be alert to female-on-male harassment

11/29/2010

It’s true that most sexual harassment claims involve a man’s inappropriate behavior toward a woman. But that doesn’t mean you can ignore female-on-male harassment. In fact, from 1990 to 2009, the percentage of sexual harassment claims filed by men doubled from 8% of all claims to 16%.

Spot supervisors’ hidden bias by monitoring daily stream of info flowing into HR

11/26/2010

Is a tendency toward discrimination hiding within your management ranks? If so, you may be courting real trouble. You need to ferret it out as soon as possible. But how? Obviously, few supervisors will openly advertise their bias. But you may be able to spot it in the reams of information that routinely flows into HR.

School leader accused of creating hostile environment

11/26/2010

The Farmington School Board is investigating one of its own. The board recently voted to investigate member Tim Burke to see if he poses a potential liability. Several board members have accused Burke of treating administrators disrespectfully, burdening them with unnecessary data requests and making unfounded accusations against them.

Investigation points back to employee who complained? It’s OK to punish her, too

11/26/2010

If an internal investigation reveals that the employee whose complaint launched the process was also engaged in improper behavior (or was, in fact, the person to blame for the situation), don’t hesitate to punish appropriately. As long as you act in good faith, a court is unlikely to conclude the punishment was retaliation for complaining in the first place.

Investigations: You can (and should) demand silence from all participants

11/26/2010
Water-cooler talk about alleged discrimination or harassment can poison a workplace. That’s why your company policy should require all participants in investigations (including witnesses) to keep quiet about the issue. That way, rumors and exaggerated claims won’t influence other employees who haven’t yet told investigators their side of the story.

Can we deduct wages to cover unpaid-for employee purchases following termination?

11/24/2010
Q. Our company allows employees to purchase products on an installment basis. When employees leave and haven’t repaid the full amount, can we deduct the remainder due from their last paycheck?

Are meal breaks mandatory?

11/24/2010
Q. Is it mandatory for a nonexempt employee to take at least a 20-minute meal break?

How should we handle a termination when both the FMLA and short-term disability are in play?

11/24/2010
Q. We run FMLA and short-term disability (STD) concurrently. FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. At what point can we terminate an employee?

What’s this I hear about a ‘cooling-off’ period in layoffs involving severance pay?

11/24/2010
Q. Is there a law that requires a 45-day waiting period from the time employees are told they’ll be laid off until they receive the severance payment? My supervisor said it’s called a cooling-off period.

Can a small employer deny leave to an employee whose spouse is seriously ill?

11/24/2010
Q. One of our full-time employees took time off when her husband had a heart attack. We’re a small company with 30 employees. Management was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had accumulated several weeks of paid leave. Is it legal to keep her from taking paid time off to care for her husband?