The potential of a retaliation claim certainly ups the ante when terminating an employee who has complained about discrimination.Read More
Despite a recent ruling, if an employee you have classified as exempt complains about overtime pay, do not assume it is safe to retaliate.Read More
One case underscores the importance of training those who manage your FMLA program on the law's special coverage and eligibility requirements. Read More
Employers need social media policies to establish the rules of road for employees, who do not understand that they can be held responsible for their off-duty, online activities.
The Family Medical Leave Act and Title VII do not combine like chocolate and peanut butter to create an associational retaliation FMLA claim.Read More
I've written before how employers must treat pregnant employees the same (no better and no worse) as other employees based on their ability or inability to work.Read More
The complaint seeks a court order prohibiting future discrimination by the respondent, monetary damages to the employee and civil penalties.Read More
I am not suggesting that you surveil every employee who takes leave from your workplace. Without a good faith belief supporting the surveillance, a court could conclude that your actions are unlawful.Read More
If you think you can rely on a legal technicality as a defense against retaliation, think again. The deck is stacked against you.