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 5/6/18 we saw that Arooga’s Sports Bar paid $750K to settle a back-pay investigation. What was it about? Allegations that it failed to pay tipped employees minimum wage and more in the post. Over 1000 employees at 6 locations are affected by the settlement.
TAKEAWAY: Know what you are required to pay employees and do it right the first time.
The post on Monday 5/7/18 asked: Work faster! Does that suffice for an age discrimination or hostile work environment claim? That was the question a federal court recently had to address. The case involved a 54-year-old Costco bakery employee who claimed that the manager did the things in the post. Yes, the manager is 57, not 5. Other things that cut against the claim are noted in the post. But what about the hostile work environment theory – for age? The court analyzed the elements necessary to prevail and came to a decision – see the post.
TAKEAWAY: Know what your employees are saying or doing and stop anything that could lead to legal liability for you.
In the post on Tuesday 5/8/18 we learned about the types of homes and how they affect your mortgage – especially in a planned community (condo or HOA). The main types of homes are single family, manufactured, condominium, cooperative, townhouse, and multi-unit. The type can affect the mortgage you get and the interest rate. The post talks about the various types and how others in the neighborhood can affect your house (and mortgage). This is especially important if you are looking at (or living in) a house with a condominium or homeowners’ association. See the post for more details.
TAKEAWAY: Condo or homeowner associations can have unexpected effects on mortgage availability and rates – check into this before you need to know it.
The post on Wednesday 5/9/18 told us to keep complete records of complaints to counter last-minute legal claims. Remember: document, document, document. A federal court rejected a suit because the underlying claim was not part of the original suit. Aldrige sued, alleging retaliation for complaining about his pay. He mentioned Title VII, but not race. Only later in the suit did he bring in race. See the post for how the court handled this.
TAKEAWAY: Let’s end where we started: document, document, document.
In the post on Thursday 5/10/18 we learned a court orders wine bar to pay $100,000 in EEOC sexual harassment and retaliation suit. Heady amount! The suit alleged that management and staff harassed Wyatt and Lared based on their actual or perceived sexual orientation – including name calling, comments, and more in the post. They complained but nothing was done. Except, oh yeah, management sometimes joined in. Ugh. What do you think happened when Wyatt threatened legal action? See the post. So suit was filed, the company did not respond, and the court entered judgment against it. The post tells of what the judgment consists.
TAKEAWAY: Management and owners must not only ensure that employees are free from illegal harassment, but not participate in the harassment themselves.
The post on Friday 5/11/18 told us that an employee handbook led to dismissal of a claim. Huh? Yes, a handbook is good for more than being a paperweight. Here, Ommer was a funeral director. His medical condition did not affect his work until he needed time off. The post gives some of the history. Including his termination. And then he sued. The defense was … see the post. And it worked!
TAKEAWAY: Have a handbook or policy manual and enforce it evenly. We can help you.
Finally, in the post yesterday 5/12/18 we read that the EEOC sued Walmart for disability discrimination. For what? Allegedly not reassigning a long-time employee after she became disabled. The reason that is allegedly illegal is in the post.
TAKEAWAY: Yes employers have an obligation to accommodate disability. That obligation extends to reasonable accommodation.
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