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Does a Mandatory Retirement Age Equal Discrimination?

Posted on November 1, 2017

the situation An employer has a policy that states that all employees must retire at the age of 65.  Is this age discrimination?

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So When Do You Need to Pay Employees For Breaks?

Posted on October 25, 2017

the situation An employer rolls out a new system under which employees are free to log off and take breaks whenever they choose—but they will only be paid for the time if they log back in within ninety seconds.  Is this a violation of the FLSA?

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Is it Okay to Give Women More Parental Leave?

Posted on October 19, 2017

the situation A company implements a new parental leave policy which allows more time off for biological mothers than biological fathers, along with offering new mothers better benefits related to their transitions back to work. Could this be unlawful?

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Can a Company Trade Services for Pay?

Posted on October 11, 2017

the situation A fitness studio offers its customers the opportunity to trade a free monthly membership for a few hours of cleaning each week. It is a completely voluntary arrangement.  Could this later come back to bite the fitness studio?

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“But I Was Just Kidding!” Is That a Defense to a Discrimination Claim?

Posted on October 4, 2017

the situation During an industry-wide conference related to success strategies, a company executive is taking notes.  The notes include a page with the header “Attracting and Retaining employees,” and underneath, writes “Fire all the old people.”  The owner claims he was only kidding when he wrote this and was referring to a similar statement made […]

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Could Denying A Request for an Extension of Medical Leave Violate the ADA?

Posted on September 27, 2017

  the situation You have an employee who has been out on medical leave because of a serious health condition.  But before his scheduled return-to-work-date, the employee requests an additional two months of leave to undergo further medical treatment.  If you deny this request, could you be violating the ADA?

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Could Supervisor’s Statements Regarding Biracial Dating Create a Hostile Work Environment?

Posted on September 20, 2017

the situation Caucasian employee has an African American spouse with whom she has several children. The employee’s supervisor begins complaining to her about his concerns that his daughter is dating an African American man and talking to her about the potential problems that might arise out of this relationship, including consequences within his extended family […]

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What Counts as Bad Faith Under the FMLA?

Posted on September 13, 2017

  the situation An employee requests to use a month of FMLA leave based upon an injury and the request is approved. The employee tells HR that she has an appointment with her doctor on the day before she expects to return (which happens to be a Friday).  During that doctor’s appointment, the employee is […]

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Two Week Countdown to Start Using Revised I-9 Form

Posted on September 6, 2017
Posted in I-9

the situation In July of this year, U.S. Citizenship and Immigration Services (“USCIS”) published a revised version of Form I-9 for employers to use to establish the eligibility of individuals for employment under the Immigration Reform and Control Act.  Although this new form has been available since July 17, until September 17, employers had the […]

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Does Employee’s Falsification of Employment Application Automatically Defeat Retaliation Claim?

Posted on August 30, 2017

the situation An employee complains that he is being harassed based on his sexual orientation and the fact that his partner is African American. Not long after he lodges this complaint, the employer discovers that although the employee stated on his job application that he graduated from community college, he had not actually graduated, but […]

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