Category: Employment Law

Employment law is the bread and butter of the HR Daily Advisor. Check out articles from this topic to see what the latest rules and regulations are, as well as track important employment law cases.

termination

More Money, More Problems (When You Terminate an Employee)

One of the most common questions we receive is what an employer can do when an employee is terminated and owes the company money. In response, our clients hear one of the most common phrases in this area of the law—no good deed goes unpunished. Below are some guiding principles regarding employer benefits and employee […]

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fiduciary

Equal Pay: #Metoo Is Not Just About Sexual Harassment

The #MeToo movement has focused on sexual harassment in the workplace, but employers should be cognizant of another major gender issue that has been the focus of regulatory agencies in recent years—equal pay.

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sales

Supreme Court Rejects Narrow Interpretation of FLSA in Overtime Case

The U.S. Supreme Court’s 5-4 ruling in a case directly affecting employers of auto service advisers is expected to have implications for employers of other kinds of workers as well since the Court rejected the notion that exemptions to the Fair Labor Standards Act (FLSA) must be construed narrowly.

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sexual harassment

TCJA Creates Catch-22 for Sexual Harassment Settlements

One of the primary concerns addressed through the #MeToo movement is that claims of sexual harassment in the workplace are often settled discreetly and without scrutiny. For years, employers have resolved sexual harassment claims with a settlement payout in exchange for a general release of the company from all liability. The terms of the settlement […]

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pot

New Vermont Pot Law: What Employers Need to Know

Soon, it will be legal in Vermont for people who are 21 or older to possess limited quantities of marijuana and marijuana plants. You may be wondering whether the new law affects your ability to enforce rules on smoking or the use of drugs in your workplace.

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termination

Sex Sting Creates a Hornet’s Nest for South Dakota Employer

An employee was netted in a sex sting after he arranged for an escort while he was off duty. Instead of finding love, he found himself suspended from his job—and eventually terminated. Was the employee entitled to unemployment benefits?

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equal pay

Equal Pay Act Case Gets New Life from 4th Circuit Court of Appeals

In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—reversed a decision to grant summary judgment in favor of a governmental entity. The appeals court sent the case back to the trial court for further proceedings based on the majority’s assessment of the application of the Equal Pay Act (EPA) to wages being paid by a state agency.

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Courts Uphold Dismissal of Fired NFL Coach’s Defamation Claims

You may remember that Jonathan Martin, a former starting offensive tackle for the Miami Dolphins, suddenly left the team during the 2013 season. He was a second-round draft pick in 2012 who played college football at Stanford. In college, he was twice selected as an All-American offensive lineman. During the 2012 season, he played at […]

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age discrimination

Did Termination of Financial Administrator Violate the FEHA?

A semiconductor company hired a 33-year-old accounting manager not long before it terminated its 59-year-old financial administrator as part of a reduction in force (RIF). The administrator sued, claiming unlawful age discrimination. The trial court granted the company’s motion for summary judgment (dismissal without a trial). In an unpublished opinion, the court of appeal affirmed.

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Massachusetts Court Green-Lights Nurses’ Defamation Claims

The following case is a cautionary tale about decisive action and one type of legal risk: defamation claims. Although this particular case turned on a legal technicality, it’s useful to show how communicating about your reasons for taking an adverse action can turn into litigation.

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