EMPLOYMENT LAW

Can dermatologist tell worker to tone down the tan? 02/06/2012 Q. We’re a dermatology practice and one of our new em­­ployees is excessive with tanning. She has a dark tan and sometimes is sunburned. We promote the opposite of what she does. She also wears tight low-cut tops. Are we allowed to say something in both regards?

NLRB's latest crack at social media policy? What a mess! 02/03/2012 In late January, the National Labor Relations Board released an “Operations Management Memo” that purports to offer additional guidance to employers and HR professionals concerned about employees’ use of social media. I can sum up the NLRB’s report in three words: What a mess.

OSHA scratches surface, finds unexpected chicken problems 02/03/2012 Some companies are careless, some are unlucky. Apparently Case Farm Chickens is both. Not only is the company facing $288,000 in fines for 61 OSHA violations, but it experienced an ammonia leak the day OSHA inspectors showed up at its Wineburg facility.

Panera Bread gets double helping of bias litigation 02/03/2012 An Ohio Panera Bread franchisee faces an additional lawsuit charging racial discrimination in the wake of a manager’s suit that claims he was fired for refusing to follow a racist directive.

Quit over offensive graffiti? He can get unemployment 02/03/2012 Here’s another reason to act fast when an employee complains about offensive graffiti in the workplace: He can quit and collect unemployment compensation benefits.

You can terminate someone on FMLA leave--as long as reason has nothing to do with FMLA 02/03/2012 Some employees mistakenly believe that if they take FMLA leave, they can’t be terminated. That’s not true. The FMLA regulations even allow employers to fire employees on FMLA leave before they return—if they can show the termination was unrelated to leave.

Subpar employee fired for good reason? He can still sue for FMLA retaliation 02/03/2012 Many employers don’t realize that they can still be sued for FMLA retaliation by a terrible employee that they fired for perfectly legitimate business reasons if there’s a possibility he was punished for requesting or taking FMLA leave.

Warn bosses: No disparaging military service 02/03/2012 If a member of the National Guard or reserves is terminated, he or she can use the statement to show that military service was a motivating factor in that termination. That’s all that’s required under USERRA.

Let 'em know: Post all promotion opportunities 02/03/2012 Here’s an easy fix for a potentially big problem: Post all promotion openings. If you do, only employees who actually apply can take you to court. That can save thousands in legal fees and lost productivity. It also signals to employees that you value them and encourage equal opportunity.

New FMLA status: pet-abuse protection 02/02/2012 Florida’s version of the FMLA allows workers to take up to three days of leave if the employee or a family member is the victim of domestic violence. Now a state senator, Mike Fasano, has proposed an amendment that would extend that protection to pet abuse.

The 'surge home': Welcome service members back to work 01/31/2012 U.S. combat operations in Iraq ended in December. The Depart­ment of Defense is gradually drawing down forces in Afghanistan. If you are re­­hir­­ing employees returning from military service, you must follow USERRA guidelines.

Heads up! Employment law in the news means employee chatter 01/31/2012 There’s plenty of employment law news making its way into the mainstream media. That means the workplace will be buzzing with em­­ployee chatter about working conditions, pay and unions. Prepare now for how to react.

'Black Swan' interns sue, say they should have been paid 01/31/2012 Fox-Searchlight Pictures faces a class-action lawsuit in New York from un­paid interns who worked on the production of the hit film “Black Swan.” The interns claim Fox-Searchlight failed to pay them for their work in violation of the FLSA and re­­cent DOL guidelines.

President proposes new pay rules for home health workers 01/31/2012 In an attempt to right what he ­­per­­ceives to be a wrong-headed Supreme Court decision, Presi­dent Obama is asking the U.S. De­­­part­­ment of Labor to change Fair Labor Stand­­ards Act regulations covering home health care workers.

No free attorney if employee has legal skills 01/31/2012 Criminal defendants are entitled to a public defender, but that’s not true for employees trying to sue for discrimination. Courts won’t often pay for legal assistance if the employee can do the work herself.