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Employment Law

Worker quit to care for parent? Know state law

10/28/2010

The news is filled with stories about unemployed workers who can’t find jobs. Yet despite the downturn, some employees find they still must quit their jobs to care for elderly parents. In Pennsylvania, the law makes that easier.

Promoting staff into management? Train on anti-retaliation laws

10/28/2010
Sometimes, a new supervisor takes the opportunity to settle old scores with former co-workers. And that can create liability for the employer. So before the promotion kicks in, teach your newly minted managers that federal laws prohibit supervisors from retaliating against workers for everything from taking FMLA leave to filing a workers’ comp claim.

With flu season here, know what FMLA covers

10/27/2010

After last year’s swine flu scare, there’s good reason to worry about the upcoming flu season. A serious outbreak could incapacitate employers that are already operating with lean staffing. Plus, as it did last year, the season will lead to more confusion and questions over whether a flu or common cold can rise to the level of “serious health condition” that qualifies for FMLA leave.

EEOC sues Ricoh for national-origin harassment

10/26/2010
The EEOC has sued copier company Ricoh on behalf of three former employees—two Hispanics and one man of African origin. The suit alleges the three endured almost daily racial epithets and race-based harassment at the company’s Greensboro location.

Goldsboro builder settles bias case with Adventists

10/26/2010
Goldsboro-based construction company T.A. Loving has settled a religious discrimination complaint for $47,500. Elvis Cifuentes Angel and two other workers filed the complaint stating that Loving forced them to work on their religion’s Sabbath. All three workers are Seventh-day Adventists.

Subway assistant manager too fresh for EEOC

10/26/2010
SKMATCH Inc., a Subway franchisee with several stores in the Wilmington area, faces charges it failed to address sexual harassment complaints leveled at one of its assistant managers.

Dillard’s faces age bias charges after firing in Cary

10/26/2010

Dillard’s department stores will have to answer in court to charges it discriminated against former area sales manager Virginia Keene because of her age. Working in Cary, Keene was 61 years old at the time the company fired her and replaced her with a 24-year-old with only four months’ experience.

Court refuses to expand Title VII liability to bosses

10/26/2010
A federal court hearing a sexual harassment case has dismissed the charges against a district manager because individuals aren’t personally liable for Title VII violations.

Check calendar when employee files EEOC complaint

10/26/2010
Employees who wait too long to file a discrimination complaint with the EEOC lose their right to sue.

Fish farms net win in court: They’re not on the hook for FLSA overtime

10/26/2010

By law, the FLSA doesn’t apply to fishing activities when the work takes place on the water. However, the FLSA does cover work at fish-processing plants. That means that employees on fishing boats aren’t required to be paid overtime, while those who packaged the catch on land must. But what about fish farms?