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Legislation is pending in Washington that would treat certain employees who perform inside sales work the same as outside salespeople when it comes to overtime pay. Inside sales personnel are currently entitled to overtime after 40 hours of work in a week. However, a bill making its way through the House of Representatives would exempt […]
In what may be the first jury award involving an employer’s English-only policy, an employee for Baccarat Inc. has won $500,000 in damages after claiming that she was fired for speaking Spanish. Irma Rivera worked as a saleswoman at one of Baccarat’s showrooms. After a new company president took over, Rivera alleged that she was […]
Republicans in Congress have said they will support a budget increase for the federal Equal Employment Opportunity Commission—but there’s a catch. They’re demanding that the agency promise to stop using undercover “testers” who pose as job applicants for the sole purpose of scoping out whether your hiring practices are legal. The lawmakers also want to […]
Dealing with employees who have emotional or psychological problems can be challenging both personally and legally. And now, handling these issues is trickier than ever in light of two recent conflicting cases on the definition of mental disability. Court Finds Loophole In the first case, brought against Bowersmith Inc. based in the Tulare County town […]
When you ask an employee to sign an employment termination agreement in exchange for severance benefits or other payments, you probably include language making clear that the agreement supersedes any prior understandings there may have been between you and the employee. But a new case suggests this commonly used provision has some significant hidden risks—and […]
Some employers pay little attention to dirty jokes, horseplay and locker room antics among male co-workers. But a new U.S. Supreme Court ruling makes it more important than ever to take a closer look at this kind of behavior. The court found that alleged sexual abuse of a male oil rig worker by his male […]
An employee has been griping about your business practices almost from his first day of work. He shares his concerns with co-workers and then threatens to tell one of your clients about the problems. Before letting that happen, you decide to terminate him. Were you within your rights? According to a new ruling, the answer […]
You think you’ve done everything by the book. Someone complains that she has been sexually harassed, you immediately conduct aprompt and thorough investigation, and you decide to terminate the accused harasser, a low-level supervisor. But you’re sued for sexual harassment nevertheless, and the court rules against you. Why? Because you can be liable for harassment […]
When employees are accused of misconduct, their first instinct may be to say they didn’t do it. But under a new U.S. Supreme Court ruling, public employer scan impose additional punishment on workers who deny an accusationthat later proves to be true. This seemingly straightforward decisioncould have some unexpected consequences, however, as employers may find […]
An employee is accused of violating a company rule, and after investigating you decidetermination is appropriate. The worker continues to claim innocence and accuses you of unfair treatment. Typically their next step would be to call a lawyer or complain to a government agency.But some employees now have another option: peer review by a committee […]