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.
In the post on Sunday 5/13/18 we saw that a company who failed to hire a worker became a defendant in a lawsuit. Farrell applied for a truck (yard) driver position in mid 2016. He was allegedly offered the position if he got a DOT medical certification and other things listed in the post. He already had the cert but got another one and passed the required driving test. Good, right? Not. The employer had concern about a pre-existing injury and required a fit-for-duty exam. What happened next is in the post. And it ended with the EEOC suing on his behalf.
TAKEAWAY: Don’t assume someone cannot or will not be able to perform the job duties; not only will it make an a__ out of you, it will make you a defendant.
The post on Monday 5/14/18 asked: Can you dock wages for broken tablets or other equipment or devices? The answer is “maybe”. Which is similar to “it depends”. The answer varies as to whether the employee is exempt or non-exempt. And if the latter, whether the deduction will drop the wages below the minimum or affect overtime. If the person is properly classified as exempt, the answer is simple and in the post. When the employee is non-exempt, the other question are to be answered as in the post.
TAKEAWAY: Answer the threshold questions and look at applicable state law too when deciding whether to make deductions from an employee’s paycheck.
In the post on Tuesday 5/15/18 we learned that no, you cannot get rid of your tax debt for pennies on the dollar. Or maybe you can. You’ve probably heard the ads on TV or radio: “Can’t pay your taxes? … Got $10,000 or more in tax debt? We can help.” There are legitimate companies that can help you deal with tax debt – outside of a bankruptcy filing – and there are many many more who are not so legitimate. As the post notes, you may not even need their help. The IRS has several options available to those with tax debt and the post lists some. If all else fails, you can always file for bankruptcy protection.
TAKEAWAY: Know your options relative to outstanding tax debt – and contact a professional who has only your interests in mind.
The post on Wednesday 5/16/18 asked: What options does an Association have to make an owner stop leaving trash cans on the curb for days? There are many good things about living in a planned community (with a homeowners’ or condominium association), but there are also rules and other legal documents to follow. When even one owner does not abide by the Governing Documents (the Declaration, Bylaws and Rules), it affects everyone else. The post gives a few options of the types of enforcement mechanisms. State law may also come into play. See the post. If you have neighbors who violate the Governing Documents for your planned community and the Association does nothing, or if the Association Board has tried unsuccessfully to remedy a violation, contact us for help.
TAKEAWAY: All owners in a planned community have the same set of covenants and rules to live by; it is the job of the Association to uniformly enforce them. Legal assistance may be required at times.
In the post on Thursday 5/17/18 we learned that a restaurant settled a suit after allegedly discriminating against “old white guys”. Just ugh. Part of the Darden family (which, among others, owns Olive Garden and Longhorn Steakhouse), agreed to settle a suit brought by the EEOC for almost $3M. The suit accused Seasons 52 of disproportionately rejecting applicants who were over 40. The suit included 254 plaintiffs and more may be allowed to join. The alleged discriminatory comments included managers saying that “Seasons 52 girls are younger and fresh” and more in the post. One of the worse statements was told to the EEOC – see the post!
TAKEAWAY: Age is (almost?) never a valid basis upon which to distinguish employees and applicants – so don’t rely on it.
The post on Friday 5/18/18 was about Maternity Leave 101: what every working mom (and employer) should know. The post talks about 7 things one should know. The first is that the employee may qualify for unpaid leave under the FMLA, but certain thresholds must be met, such as a minimum number of employees, fitting within an allowed reasons, and having worked the requisite number of hours. See the post for more details. The FMLA provides certain job protections too, so refer to the post. There is also the possibility of short term or temporary disability insurance coverage if a relevant policy is in effect. Also, the employer must treat the pregnant employee just like every other employee or be found in violation of the Pregnancy Discrimination Act. See the post for more on this.
TAKEAWAY: Employees and employers should know what obligations and rights each has relative to pregnant employees. Discuss with legal counsel to be sure.
Finally, in the post yesterday 5/19/18 we learned that Aviation Port Services was sued by the EEOC for religious discrimination and retaliation. (We noted that is NOT the friendly skies.) So what happened? Six Muslim female employees wore long skirts for their jobs as passenger service agents. Late in 2016 the dress code changed – see the post. They requested a religious accommodation but were denied. All were fired in January 2017.
TAKEAWAY: Employers have the right to enact dress codes for employees, but they are also required to vary from that dress code in case of reasonable religious accommodation. Be careful whence ye garb.
York, Pennsylvania 17403