“Caring Supervisor” or Sexual Harassment?

the situation A supervisor has a history of making some inappropriate statements to a female employee under his direction, including commenting on her physical appearance.  When the female employee ends up facing possible disciplinary action, the supervisor meets with her.  He puts his hand on hers, tells her he doesn’t want to lose her and […]

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Is Refusing to Allow an Employee to Work From Home a Violation of the ADA?

the situation You have an employee who is responsible for overseeing a certain worksite.  She ends up suffering an injury which causes her to be unable to make the commute into work. You allow her to work from home for a period of time, but at some point conclude that you really need someone in […]

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Is a Claim that an Applicant is Overqualified a Defense to an ADEA Claim?

the situation You are trying to fill an unskilled laborer position. One applicant for the position is a former employee with decades of experience in a position that involves more skill and higher pay. You end up deciding to hire another younger applicant, concluding that the former employee is overqualified and will not be satisfied […]

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Applying the Administrative Exemption under the FLSA

  the situation One of the requirements of the administrative exemption of the FLSA is that an employee must have as his or her primary duty “office or non-manual work related to the management or general business operations of the employer or the employer’s customers.”  So what exactly does this mean? Do mortgage underwriters meet […]

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What if You Don’t Agree with a Religious Objection?

the situation You decide to implement a new time tracking system which involves the use of biometric hand scanners by employees to scan their right hands to clock in or out for a shift.  One of your long time employees claims that he cannot use this kind of hand scanner because its use would conflict […]

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Is it Retaliation to Fire A Supervisor For a Fabricated Sexual Harassment Report?

the situation One of your supervisors reports that another employee has been sexually harassing several women working under him. Your HR director interviews each of these women and none back up this story. You then terminate the reporting supervisor based on her false report. Is this retaliation in violation of Title VII?

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My Employee Badmouthed me on Glassdoor—Can I Fire Him?

the situation One of your employees says some negative things about your company on Glassdoor.com. You end up firing him shortly after his bad comments.  Does this give him a basis for a retaliation claim? the ruling Depending on the content of the posts, you could be looking at a retaliation claim under these circumstances.  […]

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What Can you Ask about an Employee’s Medications?

the situation One of your supervisors finds out that an employee is under psychiatric care and asks him about the medication that he takes for his condition. The supervisor then tells the employee he cannot take that medication on the job. Is there anything wrong with his conduct?

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Target Settles 2013 Hacked Customer Data Breach For $18.5 Million

NBC News | BUSINESS MAY 24 2017, 10:49 AM ET Target agreed to pay $18.5 million to settle claims by 47 states and resolve a multi-state investigation into a massive data breach in late 2013. Target places the total cost of the data breach at $202 million. > Click to read article  

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Chipotle Says Hackers Hit Most Restaurants in Data Breach

NBC News | BUSINESS MAY 27 2017, 1:29 AM ET Hackers used malware to steal customer payment data from most of Chipotle’s roughly 2,250 restaurants. The company is expected to face substantial fines and liability based on the data breach. > Click to read article

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