Legal Issues

Don’t play doctor when worker returns from surgery with “no restrictions”

July 26, 2019
When a lumber yard employee returned to work after heart surgery with no restrictions, his managers apparently decided to restrict his duties by reassigning him to a different job.

Retaliation claim can stick even if bias claim fails

July 19, 2019
One of the worst mistakes an employer can make is to punish a worker for a baseless discrimination complaint. Retaliating may give that worker a winning lawsuit claim even if the original discrimination case had no chance.

Is comp time instead of overtime pay OK?

July 12, 2019
Q. Some of our nonexempt employees have told us that they would gladly take comp time instead of cash for the overtime hours they put in. Is this OK?

Out with the old? In with a lawsuit

July 12, 2019
The EEOC sued a Pennsylvania dental practice for age discrimination after it fired eight of its nine hygienists over age 40 and replaced them with 14 employees, 13 of whom were under age 40.

EEOC national-origin bias suit cost $650,000 to settle

July 2, 2019
Pape Material Handling, a Fresno company that sells, rents and services forklifts, has agreed to pay $650,000 to settle EEOC claims that it discriminated on the basis of national origin.

Never discourage laid-off employees from reapplying

July 2, 2019
If you use economic reasons to justify laying off employees, be careful not to discourage them from applying for other jobs. That could be evidence you targeted them for termination for some unlawful reason.

No volunteers to move to night shift: Can I just force an employee to work it?

May 22, 2019
Q. I need to move an employee into the night shift and no one is volunteering. Can I just choose an employee and force the move?

Severance perks improve in hot labor market

May 20, 2019
Employers are using every trick possible to lure the best employees. One increasingly popular move: expanding severance packages to separated employees.

Paid leave: How to navigate the new paid time off landscape

May 14, 2019
Paid leave laws have emerged as one of the biggest human resource headaches. Fortunately, you can develop a compliant paid time off policy.

The wisdom of safety meetings

May 13, 2019
Whether your company has a committee dedicated to safety concerns, or if you just have a monthly check-in before the doors open, there are ways to use this time more effectively.