Legal Issues

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.

Accommodate bathroom breaks related to disability

May 6, 2019
Some medical conditions that may be ADA disabilities require disabled workers to visit the bathroom more frequently and for longer than other workers. Warn supervisors to accommodate those problems after engaging in the interactive accommodation process.

Document why you decided not to rehire

April 30, 2019
Sometimes, employers let employees gracefully leave instead of being fired. But what if the former employee later applies for a new opening?

The danger of working through breaks

April 21, 2019
Often, managers encourage employees to work through their meals. But this is a mistake that will land you in an FLSA liability suit almost all of the time.