03/12/2010
In today’s litigious society it’s best for employers to set some ground rules on office romance. Adopt an anti-fraternization policy that bans relationships between employees who hold a boss/subordinate relationship. But take note: Employees who aren’t involved in an affair with the boss won’t necessarily win a sex discrimination lawsuit if they don’t get the perks their co-worker got.
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03/11/2010
Here’s a twist, courtesy of the U.S. Supreme Court’s 2009 Gross v. FBL Financial Services age discrimination decision. The court ruled that employees have to show that “but for” their age, their employer wouldn’t have fired them.
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03/11/2010
The 11th Circuit Court of Appeals has ruled that Miami-Dade County’s ordinance requiring construction cranes to be able to withstand 140 mph winds is invalid. Construction firms had challenged the law, arguing that it would cost jobs, hinder workplace safety and was beyond the county’s (or the state’s) ability to regulate compliance.
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03/11/2010
If you grant time off to employees who aren’t yet eligible for FMLA leave, take note: If they’re on your payroll, their time off counts toward FMLA eligibility. That means that once they hit the one-year mark, they become entitled to those 12 unpaid FMLA weeks—and terminating them could launch an FMLA lawsuit. That wasn’t always the case ...
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03/11/2010
Employees who are declaring bankruptcy are supposed to let the bankruptcy court know about any lawsuits they’re involved in. If they’ve sued you for discrimination and don’t tell the court, their lawsuits may be dismissed. That’s because bankruptcy courts are supposed to look at all possible assets. A pending lawsuit is one such asset because it could result in a monetary award. Concealing that asset is akin to fraud.
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03/11/2010
In a decision that could encourage trial courts to aggressively fix discrimination, the 11th Circuit Court of Appeals has upheld a lower court’s wide-ranging remedy for a proven case of discrimination.
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03/11/2010
When you challenge an unemployment claim, what you say can come back to haunt you.
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03/11/2010
Some employees who believe they’ve been mistreated get so angry that they begin airing their grievances to co-workers. That can be a firing offense. Although you can’t ban employees from talking about wages or other conditions of employment, you can prohibit harassing conduct.
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03/11/2010
A decision by the U.S. District Court with jurisdiction in South Florida has spotlighted some sage ADA advice: Don’t be a jerk if you can avoid it. Xentel, a charity fundraising firm, hired disabled veteran Mark Lerman to work in its call center. Lerman uses a wheelchair. On his first day at work, Lerman found the firm’s restrooms weren’t fully wheelchair accessible ...
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03/11/2010
Miami-Dade County has agreed to settle a long-running legal dispute with the Wackenhut security firm, and one of the biggest winners is a Wackenhut worker who blew the whistle on the company. The battle began in 2005 when Michelle Trimble accused her employer of billing the county for 300 hours of work a week that no one was performing. The alleged overbilling amounted to $4.5 million per year.
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03/11/2010
With the enactment of the Franken Amendment to the Defense Appropriations Act for FY 2010, Congress and the Obama administration have begun an assault on employers’ use of mandatory arbitration as an alternative to court trials for resolving workplace disputes and claims. Employers have been asking whether other alternatives to jury trials will exist in the absence of arbitration. One alternative that companies can consider: entering into waivers of civil jury trials with their employees.
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03/11/2010
Q. We have an employee who will soon go on temporary military duty soon and be gone for several weeks. Do we have to pay him at all during his absence, or does he receive military pay?
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03/11/2010
Disabled employees and their employers often disagree about how to accommodate a disability. Employees sometimes mistakenly believe that they’re entitled to the exact accommodation they prefer. That’s just not true. The fact is, an employer has the right to pick the accommodation it prefers—as long as that accommodation is reasonable.
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03/11/2010
One of the best ways to guarantee an employee will get her FMLA case in front of a jury is for her boss to mention her use of FMLA leave while discussing termination. The best idea: Have someone neutral from HR deliver the news that the employee is being let go.
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03/11/2010
Employers are often confused about how much absenteeism they must allow for employees who haven’t worked long enough to be covered by the FMLA, and who aren’t otherwise entitled to miss work as a reasonable accommodation for a disability. The bottom line is that if you treat everyone equally, you can set high attendance expectations—and fire those who don’t meet them.
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