As Jonathan Yarbrough, a North Carolina-based partner with Constangy, Brooks & Smith - a nationwide law firm specializing solely in employment law - points out, some of the most common areas where you may be unknowingly committing violations include:

• Whiny Employees: Are you tempted to fire that employee who complains about her job, customers, co-workers, or you? You might want to reconsider. Under the National Labor Relations Act (NLRA), doing so could be classified as an unfair labor practice.
• Mandatory Drug Testing: An employee fails to complete a mandatory drug test claiming a “shy bladder” and inability to urinate with someone in close proximity. Think you can fire them for not complying? As odd as it may seem, the EEOC has recently concluded that someone with a shy bladder could have a disability under the American’s with Disabilities Act.
• Bad Health Habit: Increased attention to the cost of wellness might have you tempted to pass over employment candidates or terminate employees with bad health habits but doing so can violate their rights. If your employee wants to chase down a dozen donuts with a few shots and a pack of Camels, you have no say unless they show up to work under the influence or violate specific company policies.
• Smelling Pretty: What’s an extra spritz of perfume or splash of cologne? Perhaps an ADA disability since an employee’s complaint about a co-worker’s lavish application of their favorite scent may be deemed a chemical sensitivity.
• Work-Hour Restrictions:  Can you fire an employee who stated on their application that they could work all shifts but now claims they can’t work certain hours? No. Under Title VII of the Civil Rights Act of 1964, you must attempt to reasonably accommodate the employee.
• Meal Breaks: With advances in time keeping systems, many automatically deduct meal breaks. But, what if your employee works through their break? If reported to a supervisor, the Fair Labor Standards Act (FLSA) requires that employees be paid for work conducted during their break.  While automatic break deduction may seem like a handy feature, it creates a perfect opportunity for a lawsuit.
• Working During Off-Hours:  Technology such as smartphones, iPads and Wi-Fi make it easier to connect anytime, anywhere. Should your non-exempt employee who answers e-mails at night or on the weekend be compensated? According to FSLA, if it is more than trivial time and the employer had knowledge that the employee was working - as evidenced, for example by an e-mail – they should be paid.  An employer should pay non-exempt employees for any and all time worked.
• Raising a Red Flag: Caution should be exercised when disciplining or terminating an employee who may have staged a complaint either internally or to a government agency regarding: wages and hours, working conditions, financial wrongdoing, harassment or other potential issues. Dozens of whistleblower laws exist which protect employees from retaliation and being penalized for voicing a concern.
• Medical History: Questions regarding medical history of employees are off limits and are a potential violation of Genetic Information Non-Discrimination Act (GINA).  Certain exceptions exist for casual co-worker conversations, though it is in your best interest to instruct employees to refrain from questioning their co-workers or subordinates about medical history and other personal matters such as marital status, family, sexual preference, etc.
• Medical Leave: An employee doesn’t return to work after their allotted 12 weeks of Family and Medical Leave. Do you terminate employment? Probably not. The ADA provides for additional leave as a reasonable accommodation. Keep in mind that this cannot be open-ended and attendance plays a vital role in job performance.

While all of these potential issues may have you thinking you're facing an uphill battle, don’t get ahead of yourself. There are steps you can take to protect yourself and your company.

• Be sure you have legal counsel with employment law experience on call;
• If an experienced HR professional isn’t in the budget, designate an individual within the organization to handle HR functions and issues and be sure they remain well-educated and up-to-date by attending training and seminars such as those offered by Society for Human Resource Management (SHRM);
• Have a solid harassment policy in place, provide training to ensure that employees know what to expect/what is expected and be sure that managers and supervisors are educated on how to respond to harassment claims;
• Consider hiring a professional to audit your employment practices, policies, postings, etc.;
• Treat employees with respect and dignity even in instances of discipline or termination, and perhaps most importantly;
• Document! Be sure you have proper documentation. Should a judge, jury or the employment security commission come searching, be sure you have a complete and concise paper trail for them to follow. Nothing annoys them more than “he said…she said”.

Lawsuits cost employers billions and when it comes to employment issues, ignorance is NOT a valid defense. Luckily with awareness and prevention, many claims can be avoided.