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Employment Law

Charitable donation OK in lieu of union dues

06/05/2009

Some employees’ religious beliefs forbid them to belong to labor unions. Because, like employers, unions may not discriminate on the basis of religion, they must make reasonable accommodations for employees who object to any of their pay going to the union.

Beware incentive plans that deduct pay from exempt employees

06/05/2009

The FLSA sets strict rules for who can be classified as an exempt employee not entitled to overtime pay. One of those is the so-called salary-basis test. Exempt employees must be paid the same salary regardless of the quality or quantity of their work in any given pay period. In other words, employers can’t make deductions from pay for poor work.

Dayton gets unlikely help from union when courts try to force settlement

06/05/2009

Sometimes, the HR business makes for strange bedfellows. Consider what happened in one recent case when the U.S. Department of Justice sued the city of Dayton, claiming its rules for hiring police officers and firefighters unfairly screened out black candidates. The police and firefighters union stepped in to intervene in the litigation.

Consider challenging disability application after discharge

06/05/2009

Public employees who become disabled may be entitled to disability retirement. But if the employee’s disability application coincides with discharge, consider aggressively challenging the application and asking for further medical review.

Government employers can limit when employees take flextime

06/05/2009

Some government employers let employees arrange their schedules to allow flexible hours. Changing those terms in a union environment may be an unfair labor practice. However, in one recent case, an Ohio appeals court upheld such a change because the union contract didn’t address the practice.

Chrysler prepares for recovery by offering worker buyouts

06/05/2009

The cost of retirement benefits are one of the flies in the ointment of Chrysler’s plan to close eight plants—including its Twinsburg, Ohio, stamping facility. To help cut long-term expenses, the bankrupt company plans to offer lump-sum buyout payments to some members of the United Auto Workers.

Who takes Chrysler’s workers’ comp problems?

06/05/2009

As Chrysler sought a buyer, Ohio Attorney General Richard Cordray wondered how much it would cost the state in workers’ compensation payouts. Chrysler self-insures its workers’ compensation, but Fiat may not want to assume that obligation. What happens to workers receiving benefits then?

Use TEAM approach to stay union-free in a union-friendly world

06/05/2009

By now, nearly everyone in HR has heard of the Employee Free Choice Act (EFCA), under which unions would have a much easier time becoming certified. Because unions have become more aggressive and more successful at unionization even without the EFCA, I recommend that employers adopt the TEAM approach to keeping their workplaces union-free.

Can we make employees pay for work uniforms?

06/05/2009

Q. Are there any laws that prohibit me from charging my employees for their mandatory work uniforms?

How can we prepare for a flu pandemic?

06/05/2009

Q. I am very concerned about the H1N1 flu outbreak, especially if it flares up again this fall. Are there are steps I should take to prepare my business if an employee contracts the illness?