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Employment Law

No private right to sue for tip violations

09/22/2010
The California Supreme Court has ruled that employees don’t have a private right to sue their employers for alleged tip violations.

Whistle-blowers’ choice: federal or state claim

09/22/2010

Employees who claim they were terminated or otherwise punished for whistle-blowing often have several potential claims. Fortunately for employers, employees can’t file both a federal administrative claim (and then not appeal the agency decision) and file a state court claim later.

The Supreme Court may rule on the pay bias lawsuit everyone is watching

09/22/2010

Walmart has asked the High Court to overturn a 9th Circuit ruling that allows a class-action suit alleging widespread discrimination against women to proceed. At stake: $1 billion or more. The class of potential plaintiffs includes more than 1.5 million past and current female Walmart employees, the largest pay-bias class action ever.

USF settles bias claim with fired academic advisor

09/21/2010
The University of South Florida has settled a discrimination claim brought by an academic advisor who was fired just 10 months shy of vesting her pension following a 30-year career with the Tampa-based university system.

Timeshare company to pay $868,000 in back wages

09/21/2010
Orlando-based Central Florida Investments will pay $868,443 in back pay and overtime to 1,065 employees to settle a complaint filed with the Wage and Hour Division of the U.S. Department of Labor.

OSHA takes aim at Miami shooting range’s lead hazards

09/21/2010

OSHA has cited Miami shooting range E.N. Range for willfully exposing its employees to lead contamination. The potential fines total more than $2 million. The shooting range pays workers to clean expended bullets off the range. OSHA alleged the company provided insufficient protection against lead poisoning for those workers.

Use absenteeism point system to avoid favoritism disputes

09/21/2010
Many employers use a point system to punish absenteeism, firing employees who accumulate too many points. Such a system negates the need to track the total number of hours of work an employee misses, since the employer is counting points rather than time.

FMLA leave OK for pregnant worker who can’t do her job

09/21/2010
Doctors sometimes tell pregnant employees they can’t lift anything in excess of a certain weight. If the job requires such lifting, there is nothing to prevent the employer from placing the pregnant worker on FMLA leave.

It’s not just doctor’s FMLA call anymore: Court allows worker’s say on health condition

09/21/2010
Here’s a new Florida case you should be aware of. A federal district court judge has allowed an FMLA interference case to go forward based on an employee’s testimony that she was absent due to a serious health condition when her employer terminated her.

Base all decisions on legit business needs–and then be sure to document your reasoning

09/21/2010

Smart employers don’t make any decisions that affect employees without documenting the reasons. You may never need that documentation, but it’s good to know it’s available. It could come in handy if an unhappy employee claims the real reason behind the decision was discrimination.