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.

Working Mom Calls Foul Against NBA in Bias Lawsuit

A former senior account manager has filed a gender discrimination lawsuit against the National Basketball Association, Inc., alleging that the NBA “pays lip service to gender equality” and is “openly hostile to working mothers.” In the lawsuit, Brynn Cohn claims that the NBA instituted a change in work schedule while she was on maternity leave […]

Transfer to Lesser Sales Territory Was Okay under FMLA, Court Says

Reassigning a salesperson to a new sales territory after her return from maternity leave does not violate the core principles of job restoration under the Family and Medical Leave Act, according to a recent U.S. district court decision. As long as the proposed change did not result in a base salary reduction or more burdensome […]

Employers: Best to Have ‘Binders Full’ of Employment Law Info

“Equal pay for equal work” is a key talking point for President Obama’s re-election platform, and last night’s presidential debate gave both candidates the chance to discuss the growing issue of pay disparity between male and female employees. While Gov. Mitt Romney’s “binders full of women” comment in response to a question on this issue […]

Teacher Entitled to Return to Same Job After Difficult Pregnancy

A district court’s refusal to grant an employer’s motion for summary judgment in a fired teacher’s interference and retaliation claim is a clarion call and reminder to employers that the Family and Medical Leave Act guarantees employees that their original job — or its equivalent — will be waiting for them when their FMLA leave has […]

Political Comments Can Land Employers in Hot Water

With less than a month to go before the 2012 election, political passions are peaking. In a close race, some employers may be tempted to try to influence how their employees vote. It’s not a rare occurrence. Four years ago, a Maryland construction executive happened to mention during the course of an interview with me […]

Back Pay Damages Include Overtime in FMLA Retaliation Claim, Courts Rule

Employers should be aware that back pay sometimes can entail more than base compensation. The 1st U.S. Circuit Court of Appeals provided that reminder through its recent holding that overtime compensation may be included in an award of back pay. The case is Pagán-Colón v. Walgreens of San Patricio, Inc., Nos. 11-1089, 11-1091 (1st Cir. […]

Teacher’s Retaliation Claim Advances to Jury Trial

A recent decision by the 2nd U.S. Circuit Court of Appeals highlights the importance of tracking employees’ hours. That court reversed a district court’s judgment against a New York high school English teacher who claims he was denied tenure in retaliation for taking seven days of leave following gallbladder surgery — FMLA leave for which […]

Battening Down the Hatches to Avoid FLSA Overtime Excesses

The arrival of summer is also a harbinger of weather-related emergencies for many communities. For example, the Atlantic hurricane season kicks off at the beginning of June and barrels toward a peak in late summer and early fall. But with such storms comes the potential for unplanned overtime for police officers, firefighters, ambulance drivers, emergency […]

Top 5 HR and Benefits Administration Challenges Facing Companies

Summer’s here, and coincidentally, it’s a hot time for legal and regulatory developments affecting human resources and benefits professionals! Many companies trying to make ends meet also should expect new laws and regulations in these five areas. The perils of not heeding leave and disability law. Employers struggle with determining what a “reasonable accommodation” is under […]