Tip Eight: Transfer the Employee
–Transfer the employee to a position where absences are less disruptive. The law permits this, as long as pay and benefits remain equivalent to the previous job. Go to Tip Nine
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Retaliation: Court Upholds $2.3 Million Verdict for Employee Who Claimed He Was Fired Over Safety Complaints; Tips for Avoiding Problems
You probably know it’s illegal to retaliate against a worker who complains in good faith about an unsafe work condition. But in practice, retaliation problems are not always so clear-cut, and they can sneak up on you. They often arise when an employee with a history of complaining starts griping about something you feel is […]
Labor Department Changing Farm Worker Rules
The U.S. Department of Labor (DOL) has published new rules for the H-2A Guest Worker Program that have sparked protest from agricultural employers. The new rules, to go into effect March 15, were published in the February 12 edition of the Federal Register. The final rules govern the labor certification process and enforcement mechanisms for […]
Americans With Disabilities Act: Supreme Court Ruling Means Even More Employees May Now Be Entitled To Protection
HIV-positive individuals are covered under the Americans with Disabilities Act even if they don’t yet have any AIDS symptoms, according to a new U.S. Supreme Court ruling. The court’s reasoning could have broad consequences in the workplace because it may open the door to legal protection for employees whose conditions aren’t necessarily disabling, such as […]
NLRB’s New Poster a ‘Big Deal’ for Nonunion Employers (Video)
The National Labor Relations Board’s (NLRB) effort to require a new poster explaining employee rights is creating much concern — not to mention legal action — but a key point employers should understand is the rule’s impact on nonunion employers, according to employment law attorney Al Vreeland, who led a session at the October Advanced […]
Litigation Trends: More Regulation, More Investigations, (A Little) Less Litigation
Regulatory actions and internal investigations are climbing, according to the 2011 Fulbright & Jaworski Litigation Trends Survey; however, businesses faced slightly less litigation in 2011 than in 2010. More than one-third of respondents report there has been an increase in external regulatory inquiries directed at their companies, and more than one-quarter of respondents expect the […]
Supreme Court Upholds Religious School Exemption; Employee Not Protected Under ADA
Religious employers are protected from discrimination claims made by their own ministers, the U.S. Supreme Court ruled unanimously Jan. 11. In its first ruling addressing the ministerial exception that is often read into the U.S. Constitution, the Court determined that “there is such a ministerial exception,” and that it bars ministers from bringing employment discrimination […]
President Obama signs executive order raising federal contractor minimum wage to $10.10
President Barack Obama has signed an executive order raising the minimum wage federal contractors must pay to $10.10 an hour. The White House released a fact sheet ahead of the January 28 State of the Union speech saying Obama would use his executive authority to raise the minimum wage for those working on new federal […]
Workplace Lawsuits: Employer Continues To Pay For Catastrophic Refinery Fire
In continued fallout from a tragic 1999 fire at the Toscore finery in Martinez, the company has agreed to pay $4 million to settle a lawsuit for emotional injuries suffered by a subcontractor’s employee. Alfred “Chip” Simoni witnessed other workers burn to death while working on the refinery tower. He was unable to return to […]
Understanding USERRA: More of What You Need to Know (Part 2 of 2)
With few exceptions, USERRA and related—and even more aggressive—state laws guarantee benefits and reemployment of employees on military leave. We started our briefing yesterday. Here’s the rest of it, and a reference that really explains it. Yesterday’s Daily Advisor laid out the broad requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA.) We […]