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Employment Law

Discovered poor work while employee was on military leave? Go ahead and discipline

01/04/2010

Employees returning from military service are entitled to come back to their old jobs, and they have other limited job protections, too. But those protections don’t mean employers can never discipline or demote employees who have been serving in the armed forces. Just make sure you’re doing so for legitimate business reasons, such as documented poor performance.

9th Circuit chief judge escapes porn-at-work punishment

01/04/2010

The Judicial Council of the 3rd Circuit recently released its opinion dismissing a porn-related misconduct case against 9th Circuit Court of Appeals Chief Judge Alex Kozinski. The complaint, brought by a court administrator, accused Kozinski and two other judges of disabling the court’s Internet filters to download illegal pornography and pirated music without being detected.

Employment Contracts

01/03/2010

HR Law 101: Some employers and employees choose to enter into an employment contract. Usually the worker is seeking job security, while the company wants to protect its trade secrets and sales territories. However, if you sign an employment contract, you may find that you’ve given away more than you bargained for …

DOL delivers on vow to hire 33% more investigators

01/03/2010

Now’s a good time to double-check your wage-and-hour compliance. The DOL’s Wage and Hour Division (WHD) last month completed its promised hiring of 250 new wage-and-hour investigators—a 33% increase in its investigative force. Plus, starting in early 2010, the WHD will be teaching your workers how to sue.

Pension Protection Act of 2006

01/02/2010
HR Law 101: The Pension Protection Act of 2006 allows employers to more easily move employees from defined benefit plans to defined contribution plans. It also established tougher standards for employers to meet to ensure existing pensions’ solvency.

FLSA: Record-Keeping Requirements

01/02/2010

HR Law 101: The Fair Labor Standards Act requires employers to keep records on wages, hours and other employee data, most of which is generally maintained in ordinary business practice. You do not need to keep the records in any particular form or use time clocks …

ERISA: Reporting and Disclosure Rules

01/02/2010

HR Law 101: Employers must comply with the reporting and disclosure requirements of the Employee Retirement Income Security Act (ERISA), designed to protect employees’ rights to benefits. An employer’s benefits package must take the form of a Summary Plan Description, which you must provide to participants and beneficiaries to advise them of their rights under the plan …

Genetic Information Nondiscrimination Act

01/01/2010

HR Law 101: The Genetic Information Nondiscrimination Act (GINA), signed into law in May 2008, prohibits employers with 15 or more employees from discriminating against job applicants or employees based on their genetic information in hiring, firing, compensation or any other terms of employment.

Should HR work space be separated from others?

01/01/2010

Q. We don’t have a lot of space in our office. Our HR staff shares space with administrative employees and some managers. Must we separate the HR staff from others to protect employee records from snooping eyes?

Unionized Workplaces: Management’s Rights

01/01/2010

HR Law 101: Let’s say a union has just won a representation election and now you’ve become a unionized employer. Suddenly, after running your own business, you’ve got a partner. No more unilateral decisions in dealing with your employees …