The Court of Appeal of California has ruled that an arbitration agreement hidden deep in the recesses of an employee handbook can’t be enforced. The...
If you were going to terminate an employee before you learned she wanted FMLA leave, you still can. Just be sure you can document when and why the termination decision...
Q. How long do we have to hold a position for an employee on maternity leave if we employ fewer than 50 people? Our company policy says eight weeks, but what I...
One of the most dangerous smartphone functions (from the employer perspective) is also one of the simplest: sending text messages. Considering the rise in harassment...
Promotion and demotion decisions are often subjective, so they leave employers open to charges of bias. To alleviate even the perception of discrimination when making...
The U.S. Department of Labor’s Office of Disability Employment Policy just unveiled a study, Employer Strategies for Responding to an Aging Workforce. The study...
The 11th Circuit Court of Appeals has approved new grounds for discrimination lawsuits. It recently ruled that employees who file discrimination complaints can sue for...
There are some things employers just can’t do, no matter what a senior manager may want. For example, you can’t punish a good employee for pointing out...
The FMLA is difficult to administer, especially now that it has been amended to include additional time off in connection with military service. Plus, new FMLA...
Placing an employee on forced leave can form the basis for a lawsuit, according to a recent 7th Circuit Court of Appeals decision. That’s true even if the forced...
The courts—which have been slammed with retaliation lawsuits—have begun narrowing what they consider retaliation. For example, the 7th Circuit has ruled...
Simply comparing the average age of workers before and after a RIF can make it look like age bias played a part in deciding who kept or lost their jobs. Laid-off...
When an employee tells her supervisor she has a disability that makes it hard for her to get to work on time, it’s critical to factor that into any decision to...
One of the only legally secure ways to protect your company from hostile work environment lawsuits is to provide clear steps for employees to complain. Then...
Title VII of the Civil Rights Act prohibits employers from using an individual's race, color, national origin, religion, or sex as a basis for decisions on hiring,...
Managing FMLA intermittent leave can be vexing, but employers do have some tools to combat leave abuse. One of the most important is FMLA certification. Here are four...
The U.S. Department of Labor last month released the Employee’s Guide to the FMLA, a 16-page booklet describing employee rights and duties under the law.
