Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Retaliation

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Employment law advice you should never follow

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, Pregnancy, Retaliation, Safety, Violence
Employers, if you’re getting advice like this from your employment lawyer, do you know what time it is? Time to get a new employment lawyer. “Never give in on unemployment.” This is terrible advice on so many levels. First, an employee who doesn’t have even the relatively minimal income provided by unemployment is going to … Continue Reading

5 legal traps for the wariest employer

Posted in Affirmative Action, Americans with Disabilities Act, Employment at Will, Family and Medical Leave Act, Gender Identity Discrimination, Harassment, Protected Concerted Activity, Retaliation, Wage-Hour
You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers… Continue Reading

Transportation employers, can you survive the federal audit “tag team”?

Posted in Retaliation, Safety, Transportation Industry
David Smith of Constangy’s OSHA practice group is co-author of this post. The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share information about allegations of safety, coercion, and retaliation. And last week, OSHA ordered … Continue Reading

Stupid “discrimination” complaints: How should an employer handle?

Posted in Discrimination, Harassment, Retaliation
A reader, who has asked to remain anonymous, suggested that I write about employees who make “stupid” complaints about discrimination, harassment, or other allegedly unlawful treatment. The following is a fictionalized email, but it accurately presents the spirit of her concern. Dear Robin, I am a Human Resources director for a government employer. You won’t … Continue Reading

EEOC approves Strategic Enforcement Plan, adds equal pay to list of priorities

Posted in Americans with Disabilities Act, Discrimination, Equal Pay, Harassment, Retaliation
The EEOC has adopted a Strategic Enforcement Plan for 2013-16, with priorities that include systemic discrimination, retaliation, and equal pay, and expansive interpretation of the ADAAA and the laws prohibiting sex discrimination as applied to pregnancy and LGBT rights… Continue Reading

Employers, don’t let that “protected” employee hold you hostage.

Posted in Evidence, Protected Concerted Activity, Retaliation, Wage-Hour
Kevin Kasten, the plaintiff from the 2011 Supreme Court case addressing retaliation based on an oral FLSA complaint, will get a jury trial. The latest decision contains valuable warnings for employers who don't want to be held hostage by employees who have pending charges or complaints of any kind… Continue Reading