By Lynne Curry Here’s a real-life question where the employee feels she has an issue—but it’s truly the employer’s problem. Question: After working for an abusive supervisor for more than a year, I plan to give notice. The last straw was when she confronted me yesterday. She said I hadn’t completed a project, and she expressed her dissatisfaction by grabbing my arm and … [Read more...] about Eligible/ineligible for rehire vs. constructive discharge
Termination
Don’t write a positive reference for a problem employee; instead…
By Lynne Curry bio Question: After an investigation, we fired one of our employees for threatening and stalking two co-workers. He now demands a positive letter of reference, which I'm writing. I tried to appease him with an innocuous letter that gave the dates on which he'd worked here along with what his job duties were. He refused to accept this, and frankly he scares … [Read more...] about Don’t write a positive reference for a problem employee; instead…
EEOC charges down but lawsuits rising
By Mike O'Brien bio EEOC data for FY2020 show dip in charges filed The Equal Employment Opportunity Commission (EEOC) released its Fiscal Year 2020 Enforcement and Litigation Data report on Feb. 26, 2021. The EEOC reports that 67,448 charges of discrimination were filed in the fiscal year ending Sept. 30, 2020, compared to 72,675 charges filed in the previous fiscal year. The … [Read more...] about EEOC charges down but lawsuits rising
Supreme Court ruling extends workplace protections to LGBTQ workers
By Mike O’Brien bio SEXUAL ORIENTATION AND TRANSGENDER STATUS NOW ARE PROTECTED CLASSES NATIONALLY: Federal civil rights law protects gay, lesbian, and transgender employees, the United States Supreme Court announced June 15 in a landmark ruling. The historic decision will extend workplace anti-discrimination and anti-harassment protections to about 8 million LGBTQ workers … [Read more...] about Supreme Court ruling extends workplace protections to LGBTQ workers
New overtime rule now in effect
By Mike O’Brien bio Jan. 1, 2020 was the deadline to comply with new FLSA overtime rule. At the end of September the Department of Labor issued its long-awaited final rule updating the salary level test for white-collar overtime exemptions under the Fair Labor Standards Act. Under the new rule, the minimum salary level for exemption is raised from $455 a week to $684 a week, … [Read more...] about New overtime rule now in effect
Immigration alert, social media, salary threshold, minimum wage, trafficking and more
By Mike O'Brien bio Immigration alert—more Social Security "no-match" letters to issue this fall: The Social Security Administration (SSA) just announced its plan to mail a second set of "no-match letters" to employers this fall. These notices request employers to reconcile wage reports and credit employees' earnings to their Social Security records, stating there is … [Read more...] about Immigration alert, social media, salary threshold, minimum wage, trafficking and more
Salary threshold increases getting review
By Mike O'Brien bio DOL sends proposed FLSA salary threshold increases to OMB for final review: On Aug. 12, 2019, the U.S. Department of Labor sent its proposed salary threshold rule change to the White House Office of Management and Budget for a final review. This rule would raise the salary threshold for "white-collar" FLSA exemptions (executive, administrative, … [Read more...] about Salary threshold increases getting review
Hiring and firing risk factor: careless words
Innocent remarks spawn claims Today's administrators need to be aware of the casual – albeit well meant – words that are bringing on claims of discrimination. Legal risks of both hiring and firing include careless words, says employment law attorney Donald W. Benson, a partner with Hall Booth Smith in Atlanta. The friendly hiring remark The dangers start with the … [Read more...] about Hiring and firing risk factor: careless words
Always ask these 7 questions before you fire a staffer
They are the seven-question solution. They have become the standard for determining whether a firing is justified. A "no" answer to any one of them leaves room for argument that a dismissal was discriminatory. They are the seven questions arbitrators ask when settling firing disputes. They are a valuable pre-termination checklist to determine whether a firing is … [Read more...] about Always ask these 7 questions before you fire a staffer
5 steps to building a law office staff that cares
What's the climate like in your organization? Is it productive? Is it inclusive or exclusive? Do your employees enjoy coming to work? Do you? If yours is a high-performing office, buzzing with productive employees who enjoy coming to work, well done! If it isn't, then it's time you did something about it—because, as the manager, the organizational climate is your … [Read more...] about 5 steps to building a law office staff that cares