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Employment Law

Supreme Court rules in firefighter ‘reverse’ discrimination case

08/04/2009

The U.S. Supreme Court has ruled that the city of New Haven, Conn., violated the rights of white and Hispanic firefighters who took promotion exams when it refused to use the test results to promote the highest scorers. The court ruled that the city could not use “[f]ear of litigation alone” to justify rejecting the results simply because the test appeared to have a disparate impact on another minority—namely the black firefighters who took the test.

Should we discontinue ‘casual Fridays’ that include beer and wine ‘happy hours’?

08/04/2009

Q. For several years, Fridays have been “casual days” for our employees. Beer and wine are served beginning around 4:30 p.m. We hate to stop this practice because our employees seem to enjoy it and there has never been a problem. Should we stop?

How does the FLSA treat bonuses & overtime?

08/04/2009

Q. How do bonuses affect the overtime rate calculation under the Fair Labor Standards Act?

Progressive discipline and pregnancy: Can the process continue?

08/04/2009

Q. If an employee is already on probation when she becomes pregnant, can we continue progressive discipline measures, including possible discharge?

Lilly and Carlos: Questions and answers on the Ledbetter Act’s unintended consequences

08/04/2009

The Lilly Ledbetter Fair Pay Act was designed to ensure pay equity for women. It does a whole lot more than that! Learn how this landmark legislation affects all protected employee classes and could influence your employee benefits program.

How to legally manage pregnancy and maternity leaves

07/28/2009

When an employee announces she’s pregnant, it’s important for HR and supervisors to know what they must do—and what they can’t do (or say) under federal anti-discrimination and leave laws. Most employers must comply with the Pregnancy Discrimination Act and the FMLA. The ADA may apply if pregnancy complications arise.

What’s a bad firing cost? For one company, $4 billion

07/28/2009

Yes, you read right. Four billion dollars. Billion—with a “B”! A California superior court recently confirmed an award of $4.1 billion against a Chinese company, its U.S. affiliate and its founder after an arbitrator found them liable in a compensation dispute with a former executive.

Update your policies: North Carolina bans texting while driving

07/27/2009

Cell phones, BlackBerries, iPods, iPhones and GPS devices—even laptop computers—all offer important travel information and productive work connectivity for employees on the go. But using those devices while operating a vehicle is also dangerous. That’s why North Carolina recently passed a law, effective Dec. 1, making it unlawful for a person operating a motor vehicle to send text or e-mail messages while the vehicle is in motion.

What should we do? A contract refers to both ‘termination for cause’ and ‘at-will’ employment

07/27/2009

Q. We need to fire an employee who has an employment contract that limits termination without notice to “for cause” events. Must we abide by this provision if another provision in the contract clearly indicates that his employment is “at will” only?

Can a former employee demand that we pay her for unused vacation and sick leave?

07/27/2009

Q. A former employee is demanding pay for her unused vacation and sick leave. Must we pay her?