Employment Law Articles

U.S. Supreme Court to discrimination defendants: ‘Don’t delay’

Under Title VII of the Civil Rights Act, employees can take employers to court for discrimination based on race, color, religion, sex or national origin. But the law requires that an employee first file a charge with the federal Equal Employment Opportunity Commission within 180 days of the supposed violation (300 days if a state or local agency is investigating under state or local law). Only after receiving EEOC clearance can an employee sue the employer

Parental leave discrimination can cost you

A recent class-action suit highlights the importance of ensuring that your parental leave policies do not discriminate against fathers. In the case, a male bank employee asked for 16 weeks of parental leave after his child was born. The bank’s parental leave policy allotted that amount to “primary caregivers,” but allowed only two weeks for “nonprimary caregivers.” The bank allegedly told the employee that, under the policy, birth mothers were considered the primary caregivers unless he

Court recognizes ‘hostile work environment’ claims under ADA

A “hostile work environment” claim is one in which an employee claims an employer maintained a workplace so unbearable due to discriminatory actions of coworkers or supervisors that it was impossible for the employee to do his job. Courts have long held that under Title VII of the Civil Rights Act, employers can be held accountable for harassment and discrimination based on race, color, religion, sex and national origin that create a hostile work environment. A

Noncompetes for low-paid workers? Not so fast …

Loss of a good worker means the hassle of hiring a replacement, training the new person and getting other workers to pick up the slack in the meantime. It’s even worse if the departing employee had specialized skills, intimate knowledge of your operations and information such as customer lists or trade secrets that you want to keep confidential. That’s why many employers have workers sign noncompetition (or “noncompete”) and nondisclosure agreements, contracts under which workers promise

Nursing mother claims on the rise

The case of Autumn Lampkins should serve as a warning to employers to be mindful of the needs of nursing mothers. Lampkins, an assistant manager of a KFC in Delaware, gave birth to a son and needed to pump breast milk. At first, her employer told her to use the restaurant’s single-stall bathroom. After a while, the employer became fed up with the bathroom being occupied, so Lampkins allegedly was made to express milk in the

Resume-screening programs could raise discrimination concerns

Resume-screening programs could raise discrimination concerns If you’re a desirable employer in a competitive job market, you probably get dozens if not hundreds of applications when you post an opening on a job board like monster.com or indeed.com. Thankfully “artificial intelligence” (AI) computer programs exist to make sifting through these resumes a lot easier. Many of these programs use algorithms to identify the resumes that provide the best match, based on training, education or experience. Some

Moonlighting workers deemed employees, not contractors

Moonlighting workers deemed employees, not contractors Many employers like to classify their workers as “independent contractors” instead of employees, so that those workers aren’t subject to wage and hour laws and aren’t entitled to other benefits like sick leave and vacation days that employees might be entitled to. But before classifying any of your workers as contractors, you should talk to an employment lawyer. That’s because you could be misclassifying them. If that happens, you can

Employer’s failure to stop gossip may constitute sex discrimination

Employer’s failure to stop gossip may constitute sex discrimination Most employers know that Title VII of the federal Civil Rights Act prohibits workplace discrimination and harassment based on race, sex, religion and ethnicity. An employer can be held accountable for failing to investigate and address discrimination and harassment that it knows about or should know about. But many employers might not realize this includes stopping false and malicious rumors about workers from circulating throughout the workplace.

Salesman’s family can’t recover for fatal accident during commute

Salesman’s family can’t recover for fatal accident during commute Generally if you’re hurt in an accident commuting to or from work, you can’t receive worker’s compensation benefits. That’s because of the “coming and going” rule which says such accidents don’t occur “in the course of employment.” This rule has exceptions, of course. For example, many states have a “contractual duty” exception, which means the coming-and-going rule doesn’t apply if the employee’s contract entitles him or her

Marijuana and the workplace: What employers need to know

Marijuana and the workplace: What employers need to know The landscape around marijuana use has changed dramatically over the past couple of decades. While possession of even a small amount of marijuana used to be a crime across the country, 33 states and the District of Columbia have legalized its use for medical purposes, and 10 states permit recreational use of marijuana as well. But marijuana is still technically illegal under federal law, which applies everywhere

Florida

Massachusetts

New Hampshire

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