Feature
Handling employees summoned for jury duty
Excerpted from Oklahoma Employment Law Letter and written by attorneys at the law firm of Doerner, Saunders, Daniel & Anderson, LLP
by Johnathan D. Horton
John, a regular full-time employee of BigCo, received a jury summons from federal court. Upon learning he had to appear for jury duty, he called Jamie, BigCo's HR representative, to find out what he needed to do. Jamie told him that he needed to take personal leave for his absence.
After hearing John complaining, the federal judge's law clerk called BigCo and advised the company that it was violating federal law.
Before the company could correct its policies, John again was required to use three days of personal leave to appear at another trial. After the federal judge learned John again had to use vacation leave, the judge issued an order requiring the company to appear before the court and explain why it shouldn't be found in contempt.
BigCo had to restore John's personal leave and appear before the court to justify its actions. It explained that it was in the process of "rolling out" a new policy to correct its mistake in requiring employees called for jury duty to use personal time, and the changes hadn't been implemented completely when John had to use his vacation again.
While the court ultimately didn't find BigCo in contempt, this case serves as a reminder of how seriously courts take jury-leave obligations. This article will examine the leave requirements related to jury service and provide some suggestions to comply with the law and avoid being hauled into court.
Two courts may summon employees for jury duty -- federal courts and state courts. Many states protect employees who are summoned for jury service in state courts. This article examines the requirements of federal law and the leave issues that jury duty raises. Be sure to check your own state’s laws to see if employers have additional obligations under state law to employees summoned for jury duty.
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Employers in the Courtroom
Excerpted from Texas Employment Law Letter and written by attorneys at the law firm of Ford & Harrison LLP
We know that statement sounds counterintuitive, but it's true, at least as seen in a recent case from one federal court of appeals.
Born: December 15, 2003
Died: March 31, 2004
Keep those tombstone dates in mind, for they mark the birth and death of Lori Strong's retaliation claim.
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Did You Know...
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Whether you're a solo general counsel, small-law department generalist, or in-house employment law guru, you don't want to miss this chance to get practical, hands-on solutions to the most vexing employment law challenges. Brought to you by the Employers Counsel Network and HR Hero, "2007 Employment Issues Symposium for Corporate Counsel" offers 2 days packed with in-the-trenches advice from an all-star cast of in-house counsel, including those from American Airlines, Canam Steel, Lockheed Martin, National Geographic, and more.
Coming to Washington, D.C. September 27 and 28, 2007.
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Member firms provide legal assistance and representation to employers on a wide variety of issues, including: discrimination; harassment; FMLA; ADA; workers' comp; wage and hour; hiring; firing; layoffs; WARN Act; unemployment benefits; discipline; documentation; investigations; noncompete agreements; arbitration; HR audits; policies and procedures; OSHA; ERISA; HIPAA; COBRA; labor relations, and more.
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HR Q&A
Excerpted from Arizona Employment Law Letter and written by attorneys at the law firm of Ford & Harrison LLP
Q: We have an employee, Melissa, who works as a waitress at one of our large restaurants. One of our regular customers always asks for her when he comes in.
Although he's a big tipper, Melissa recently told me she's uncomfortable waiting on him anymore. Apparently, he makes sexual remarks and has even invited her on a couple of dates.
I don't want to upset a regular customer by telling him that Melissa can no longer wait his table, but I also don't want her to be upset by having to deal with him. In addition, somebody told me the restaurant could be liable for sexual harassment. Is that true, since a customer, not a coworker or supervisor, is making the remarks?
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