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Employment Law

Lessons from SHRM: Plaintiff’s lawyer reveals trade secrets HR pros need to know

06/30/2009

Want to know how to get under the skin of the lawyers who represent employees? Ask one. They won’t all cop to what sinks their cases, but this one did. Learn what she fears most when staring down an employer in court.

Track résumés: More applicants = more suits

06/26/2009

If you have a fairly informal application process, now’s the time to firm it up. The prolonged economic downturn means you’re receiving many more applications and résumés than normal. And that means more potential for lawsuits from unsuccessful job-seekers.

Debate heats up over health reform, taxing benefits

06/26/2009

Congress and the Obama administration began laying the groundwork last month for an overhaul of the U.S. health care system. The big question: How to pay for it?

Once again, feds delay E-Verify for govt. contractors

06/26/2009

For the fourth time in a year, the federal government has pushed back the effective date of a rule that would require certain federal contractors and subcontractors to use the government’s online E-Verify system.

Furloughs go white-collar: How to keep them fair and legal

06/26/2009

In past recessions, furloughs—requiring employees to take a certain number of unpaid days off—were mostly limited to blue-collar workers. But this downturn is different. In the past two years, everyone from tech firms to state government has furloughed their white-collar employees. Experts offer the following options for furloughs:

Survey: New COBRA subsidy will increase costs

06/26/2009

Six of 10 employers anticipate that their health care costs will increase as a result of the new federal COBRA subsidy law, says an Aon Consulting survey.

No evaluations? You could be called ‘Out!’

06/26/2009

If your organization doesn’t have a solid performance evaluation system in place, you’re taking a high-stakes gamble you just might lose. Discharged employees who sue will have a much easier time getting to a jury trial if you can’t produce performance evaluations that back up why you terminated them.

Make sure managers report sexual harassment

06/26/2009

The 3rd Circuit Court of Appeals has ruled that managers who actually supervise the work of subordinates have a duty to report sexual harassment when they learn of it. If they don’t, their employer can still be held liable.

Congress considers legislation mandating paid sick leave

06/26/2009

Millions of employees would be eligible for seven days of paid sick leave annually if the Healthy Families Act, recently introduced in Congress, becomes law. A coalition of HR and business groups vowed to fight the bill, saying it would “force companies to increase layoffs, reduce wages and cut important employee benefits.”

Know the limits of employee free speech—no need to tolerate out-of-line protests

06/26/2009

Employees have the right to voice concerns and complaints about perceived workplace discrimination. But employers have rights, too. Employees don’t have the right to communicate their concerns in ways that are disruptive, insubordinate or that otherwise violate reasonable company policies. You can punish employees who don’t play by the rules.