Category Archives: Workplace investigations

Can Individual Managers Be Held Liable for Wrongful Discharge? The Answer May Surprise You

By Jonathan Mook Virtually all states recognize a common law tort claim of wrongful discharge in violation of a state’s established public policy. In most instances, a lawsuit alleging such a claim is brought solely against the plaintiff’s former employer….

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Court Rejects EEOC Guidance on Employee Alcohol Testing

An employer’s random alcohol testing of probationary employees did not violate the Americans with Disabilities Act, despite federal agency guidance to the contrary, a federal district court has ruled (Equal Employment Opportunity Commission v. United States Steel Corp., No. 10–12…

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FLSA Violations Are Out of Fashion, Says DOL in Targeting Apparel Industry

A sweeping new U.S. Department of Labor enforcement initiative targeting California’s apparel industry may highlight wage and hour compliance issues for retailers and manufacturers. The companies that make, ship, market and sell clothing have long faced scrutiny over labor practices…

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Solis Defends Request For Additional Enforcement Dollars During Senate Hearing

The U.S. Labor Department is seeking an additional $6.4 million in fiscal year 2013 for increased enforcement of the Fair Labor Standards Act and the Family Medical Leave Act, according to testimony by Labor Sec. Hilda Solis. “As we continue…

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Washington Could Be Seventh State to Allow Same-sex Marriage

Legislation is wending its way through both chambers of the Washington State legislature that if enacted would make Washington the seventh state where same-sex marriage is legal. It could happen: a sufficient number of Senators for passage in that chamber…

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US Labor Department, Colorado Department of Labor and Employment sign agreement to reduce misclassification of employees as independent contractors

Nancy J. Leppink, deputy administrator of the U.S. Department of Labor’s Wage and Hour Division, and Ellen Golombek, executive director of the Colorado Department of Labor and Employment, signed a memorandum of understanding Dec. 5 regarding the improper classification of…

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$1 M in back wages recovered for NJ gas station workers

A multi-year investigation by the United States Department of Labor into violations of wage and hour laws by New Jersey gas stations has found “consistent and widespread noncompliance,” according to agency officials. The investment action recovered more than $1 million…

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Huddle House Franchisees: Egg on Their Faces?

Huddle House, Inc. has agreed to pay more than $60,000 to 128 employees and to step up compliance with wage and hour laws. In addition, Labor Department officials assessed $48,317 in civil money penalties for repeat and child labor violations….

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A Stream of Guidance on Shy Bladder Syndrome

What is HR to do when a job applicant or worker claims to have shy bladder syndrome and refuses to urinate in a cup as part of a drug test? Consider testing the worker’s hair or saliva instead, according to…

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On second thought, maybe it would be smart to monitor employees on FMLA leave

Employers should not fire workers in response to them taking valid FMLA leave.  But firing can be justified when employees use FMLA leave (1) in a way that violates the employer’s policy manual, (2) to cover up for underperformance, (3)…

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