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The Employer Handbook BlogFree ADA CLE This Friday: Better Documentation, Stronger Defenses
Two hours of free ADA CLE, and you can leave your credit card in your wallet. Continue reading
She Complained to the CEO About Racism. Her Email Helped the Company Defend Her Firing.
She emailed the CEO to explain that she had confronted a coworker about racism. The company read that email as confirmation that she’d lied to HR about the confrontation.
The Eleventh Circuit found that reading reasonable. Here’s how a complaint about discrimination became part of the employer’s defense. Continue reading
They Said The Executive Team Made the Firing Decision. Then the Executives Denied Being Involved.
Before telling an employee that the CEO approved her firing, it helps to check with the CEO. Especially if someone may eventually ask the CEO about it under oath. Continue reading
Employees Had to Arrive Early. The Manager Had the Keys. Who Pays for the Wait?
Being early is usually a good thing. Being required to arrive early and then waiting outside a locked workplace raises an important wage and hour question.
TL;DR: A federal appeals court revived a grocery employee’s unpaid-wage claims after she alleged that employees had to arrive fifteen minutes before their listed shifts but sometimes couldn’t enter or clock in. Required waiting time can be paid time even before productive work begins. The court also declined to dismiss the recurring fifteen-minute waits as too trivial to count.
Clock In, Park the Car, Lose the Job: An FMLA Retaliation Claim Falls Short
The time clock was inside the store. His car still needed parking. He decided the clock should come first.
Que será. Continue reading
Does Calling a Coworker “Karen” Create a Hostile Work Environment?
A meeting about workplace name-calling probably shouldn’t end with an administrator pounding his chest. Yet here we are. Continue reading
The EEOC Rescinds Its Criminal-Records Guidance. What Changes for Employers?
The EEOC’s retreat from disparate-impact enforcement now reaches criminal background checks. Employers considering changes to their screening procedures will need to look beyond the agency’s announcement. Continue reading
A Smaller Job, Nearly $12,000 Less Pay, and a Younger Replacement. Forced Out Because of Age?
The employer said it was trying to keep a struggling manager employed. He saw an age-based effort to push him out, but the court found that his retirement was still his choice. Continue reading
She Couldn’t Do Every Task Remotely. Her Accommodation Claim Still Survived.
The employee admitted she could not do every part of her job from home. Her employer still needed a better explanation for why remote work would burden the business. Continue reading
EEOC’s Lawsuit Over a Women-Only Work Event Clears Its First Court Hurdle
A company-paid hotel stay, meals, and two days away from regular duties sound like nice work perks. Restricting the invitation list by sex can turn those perks into a discrimination lawsuit. Continue reading