Legal Issues

Document reasons for all discipline

January 14, 2015
David, who is over age 60, was fired for tardiness, poor performance and safety violations. He was replaced by a younger worker and sued for age discrimination …

Workers abusing OT? Fix it

January 13, 2015
Hourly employees know that if they work overtime, their employer must pay them for the extra hours. That’s true, but it doesn’t mean they can work overtime whenever they feel like it.

Can I legally fire teleworker by email?

January 7, 2015
Q. I need to fire one of my workers who works from home most of the time. It seems easier to break the news to her via email. Is this legal? — T.R., New Jersey

Pay workers OT for checking email?

January 2, 2015
Q. We frequently have employees turn in time sheets with unapproved overtime—time they spend dealing with email and voice mail. Must we pay them for this time? — A.S., Minnesota

Didn’t hire? Don’t quickly toss application

December 24, 2014
Ruby Tuesday, Inc. will pay $575,000 to settle a class age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Com­­mis­­sion.

How old is too old to drive a bus?

December 5, 2014
Spartanburg, S.C.-based Atchison Transportation Services, Inc., got the answer from the U.S. Equal Employment Opportunity Commission when it fired two motor coach drivers, ages 75 and 76.

Is telecommuting a reasonable accommodation?

November 27, 2014
Q. We have an employee who has requested to work from home part time as an accommodation for her disability. Are we required to grant this request? — D.D., Minnesota

Just one stupid comment by boss can trigger a lawsuit

November 26, 2014

When Caroline returned from adoption leave, her supervisor had reassigned some of her duties. The boss gave some of Caroline’s supervisory tasks to a male em­­­ployee because “he’s a man.”

Younger replacement doesn’t prove age discrimination

November 5, 2014
Have you ever worried that, after terminating an older worker, replacing him with a younger one might look like age discrimination? That concern is likely unfounded if you had a legitimate, business-related reason for the earlier termination.

When customers harass, you must take action

November 5, 2014
Costco is facing a U.S. Equal Employment Opportunity Com­­mis­­sion lawsuit for allegedly failing to protect one of its female employees from the unwelcome advances of one of its customers.