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Sexual Orientation Claims: Gay Worker Charges He Was Forced To Quit; How To Keep Harassment Problems From Mushrooming

You may think an employee who hands in their resignation can’t hold you legally responsible for their decision to quit. But a worker who claims their working conditions were intolerable can try to turn a resignation into a lawsuit for “constructive discharge.” As a new ruling involving sexual orientation bias demonstrates, you can avoid being […]

Green Thumb, Brown Nose

“The Garden Party” episode was light on employment litigation but heavy on workplace psychology. Poor Gabe. His capacity for humiliation knows no limits. I wasn’t sure he could sink lower than his public dumping at the hands of Erin last season, but then we witnessed his repeated sycophantic toasts of Robert California. Sad, right? Maybe […]

Criminal Records of Applicants and Employees: New Case Points Out Danger of Asking About Arrests and Convictions; What You Can and Can’t Ask About Criminal Records

What You Can and Can’t Ask About Criminal Records As the accompanying story highlights, you could be hit with big damages for asking illegal questions about a person’s criminal record. To help you steer clear of trouble, the following language can easily be modified for use in your application forms or when interviewing prospective or […]

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Almost 250,000 Public Comments on Proposed Overtime Rules

By Susan Prince, JD, Legal Editor The public comment period for the Department of Labor’s (DOL) proposed changes to the overtime regulations ended on September 4th, 2015. Almost 250,000 comments were received, which represent the diverse views on the proposed changes—particularly the steep increase to the salary level required for exemption.

Laid-off Workers Win Some Discrimination Lawsuits, Lose Some

When a company downsizes, it can feel like a civil war, with employees worried about whether they will be next on the chopping block. Such times can be hazardous for employers, which may find themselves tiptoeing through a minefield of explosive discrimination lawsuits. In the case below, recently decided by the Tenth U.S. Circuit Court […]

Give your 2016 “to do” list a good spring cleaning

by Dan Oswald Spring has sprung. The grass is green. The flowers are blooming. The trees are in full blossom. It’s that time of year again. Time for spring cleaning. Out with the old and in with the new. At least that’s my wife’s way of thinking. Last weekend, we spent a day cleaning out […]

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Small Businesses Place Blame on Big Businesses for Hiring Challenges

Results from a recent survey of small business owners conducted by Survey Monkey and CNBC found that “16% of small business owners (but 41% of small businesses with 50 employees or more) have had open positions for at least three months.” That’s a pretty big number for those 50+-employee companies. And those businesses have some […]

The Top 10 FLSA Disasters (… Or How to Morph a Miniscule Pay Problem into a Massive Lawsuit!)

Because class action status can change a small comp issue into a massive lawsuit—one very attractive to contingency lawyers—Fair Labor Standards Act (FLSA) lapses could be your most dangerous mistakes. Here are 10 of the most common management moves that create Fair Labor Standards Act (FLSA) disasters. (Pay attention because you don’t want to be […]