Bullying: An Occupational Health and Safety Hazard
When one thinks of a hazard at a workplace what may come to mind are falls from heights or getting caught in a pinch point of industrial machinery. In general we think of something that is traumatic and may cause a physical injury such as a broken arm or leg, concussion or even death. But…
Read MoreBeing Required to Hire Female Escorts Is Not Actually a Title VII Violation
I found a recent case to be a peculiar example of how Title VII is not a “general civility code” in the workplace. In Butto v. CJKant Resource Group, LLC, a male executive was terminated after complaining about being required to arrange female escorts for his married supervisor and perform other activities to facilitate his…
Read MoreNew Workplace Risks – Beware Worker Harassment Claims For Nonemployee Conduct
A new decision from the U.S. District Court for the Eastern District of Pennsylvania highlights the exposure employers have to claims of sexual harassment based upon actions allegedly made by nonemployees, including customers, contractors or vendors. The law requires the employer to provide a safe and secure workplace free from harassment — whether by its…
Read MoreFMLA-Qualifying Leave Must Run Concurrently With Paid Leave Policies
Employers cannot permit employees to use PTO or other paid leave prior to using unpaid FMLA leave for an FMLA qualifying condition, according to a new Department of Labor Opinion Letter. The Opinion Letter also provides that employers cannot designate more than 12 weeks of leave per year as FMLA (or 26 weeks per year if…
Read MoreThe Supreme Court All But Ends Classwide Arbitration, Delivering A Win For Employers
When most employers think about arbitration with their employees, they think about arbitrating the claims of one employee at a time. The U.S. Supreme Court agreed this week in Lamp Plus, Inc., et al. v. Varela, deciding that parties cannot be compelled to arbitrate class actions unless the arbitration agreement explicitly calls for class arbitration (something…
Read MoreFirst Circuit: Age May Be Just a Number
Discriminatory animus cannot be inferred simply because a 62-year-old employee was replaced by a 36-year-old worker for a new position that was inferior to the plaintiff’s previous job, the U.S. Court of Appeals for the First Circuit, with appellate jurisdiction over the district courts in the District of Maine, District of Massachusetts, District of New…
Read MoreNo Subpoena, No Protection?: Indiana Court of Appeals Approves Dismissal of Employee Who Left Work to Voluntarily Testify at Hearing
It is well settled that Indiana is an employment-at-will state, meaning an employer or employee may terminate the employment relationship for any lawful reason. The Indiana Supreme Court, however, recognizes a limited number of exceptions to employment-at-will. For example, an employer may not discharge an employee for complying with a subpoena to provide testimony in…
Read MoreVery Interesting! EEOC Releases Official FY2018 Charge Statistics
Most charges were down, but sex harassment, LGBT charges were up. Last week, the Equal Employment Opportunity Commission released its charge-filing statistics for fiscal year 2018, which ran from October 1, 2017, through September 30, 2018. According to Law360, EEOC charges in FY 2018 were at their lowest level since 2006. Yes, 2006. When George…
Read MoreCOBRA Noncompliance Can Be Costly
Now is a good time for employers to review their COBRA procedures or check with their COBRA vendors about documentation processes given a recent case out of the Southern District of Ohio. In Morehouse v. Steak ‘n Shake, Inc., the court held that the company violated its obligations under COBRA after failing to provide an…
Read MoreDeadline of September 30, 2019 Proposed for EEO-1 Comp Data
Start gathering that comp data, if you haven’t already. I have written before about the court order directing the Equal Employment Opportunity Commission to require employers to submit compensation data with their annual EEO-1 reports. The order came about in a lawsuit filed against the federal Office of Management and Budget and the EEOC by…
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