Below is a review of the posts (on Facebook, LinkedIn, and Twitter) from the past week. You can check out the full posts by clicking on the links.
We started the week with the post on Sunday 7/20/14 that dealt with whether or not a fancy title makes someone exempt. The short answer: no. Titles do not always tell what an employee’s duties are or on what the employee spends the majority of his/her working time, such that further analysis must be done as to whether or not the person is exempt from overtime pay.
TAKEAWAY: Employees like titles, but they really like getting paid properly – it is the employer’s obligation to know if the person is or is not exempt from overtime pay.
On Monday 7/21/14, the post showcased a violation of the Equal Pay Act – and a trucking company that learned the hard way. A company based in MD settled its case with the EEOC for $42,000 (and other relief). What were the allegations? That a female truck driver was paid less than male drivers and that she was fired after complaining in writing. The settlement is for back pay and liquidated damages.
TAKEAWAY: Gender usually has nothing to do with job performance, so all comparable employees doing the same job should be paid the same.
On Tuesday 7/22/14 we posted about 5 things not to do after a sexual harassment complaint. Seems like something that would need no post, right? Wrong! The tips include: do not fire the employee, do not ignore the complaint, and do not wait to handle it in court. The other tips are in the post.
TAKEAWAY: If a sexual harassment complaint is filed, act. Don’t wait. Contact your employment attorney now.
The post on Wednesday 7/23/14 was about sexual discrimination and settlements: how NOT to act at work. SunTrust bank (yep, that large employer), is paying $300,000 (and other relief) to settle a sexual harassment suit brought by the EEOC. What were some of the alleged acts by SunTrust’s branch manager? That he repeatedly trapped a female behind the teller counter with his body, told a woman she should wear a bathing suit to work, and regularly staring at women’s breasts. More of the alleged actions are in the post. And if that weren’t bad enough, apparently the employee’s complaints were ignored and after the branch manager quit when the investigation began, SunTrust rehired him!
TAKEAWAY: While it makes good fodder for law school classes, this type of thing should not happen in the real world. Employers should make sure no harassment occurs in the place of employment and when a complaint comes in, it should be investigated immediately.
On Thursday 7/24/14 the post was off the normal topics and about how scuba diving is a good workout for your body. How, you ask. It provides head-to-toe toning, has crazy calorie burns, helps with better breathing (which can increase lung capacity and decrease the risk of lung disease), slashes stress (under water + endorphins + deep breathing + pretty fish = aaaaahhhh!), and leads to higher self-esteem (yes, you can handle whatever comes at you on the surface as well as under water!).
TAKEAWAY: Help yourself stay refreshed and ready to work by keeping your body and mind fresh – one way is to scuba dive.
Friday 7/25/14 the post was about nose rings, hair color, beards, and head scarves – all things that can get an employer in trouble. What do they all have in common? They appear in dress or grooming standards or policies. An employer can tell its employees how to dress for work (including grooming), right? Well, maybe. Religious beliefs can trump those dress or grooming standards. So too race can come into the picture, usually relative to hairstyles.
TAKEAWAY: As in most other areas, an employee can dictate how it wants its employees to dress or look, but must be prepared to accommodate religious beliefs or racial differences.
Finally, yesterday 7/26/14 the post touched on 7 laws every employer should know about. Do you? What are a few of them? Title VII, Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), and Family and Medical Leave Act (FMLA). The others are listed in the post. And not only should you know about them, you should have a general understanding of what they require of the employer and what rights they provide to employees (or others).
TAKEAWAY: Ignorance is no excuse when it comes to (potential) violations of employment laws. Know which obligations and rights are covered by each law and whether it applies to your business. Also, keep your employment attorney on speed dial to ensure legal compliance.
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