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Employment Law

Remind employees: Honesty required when applying for health insurance benefits

02/12/2009

Remind employees that they must be honest when filling out insurance sign-up forms. Otherwise, they—and your company—may be sued later to recover the medical costs associated with undisclosed pre-existing conditions. That could cost everyone far more than the premiums saved by not disclosing medical conditions.

Heading to bargaining table? Review contract language before changing benefits

02/12/2009

If your organization has a collective-bargaining agreement with a union, make sure you check with counsel before you make any changes to benefits. In some cases, promises made in past contracts—such as a promise to provide retiree health benefits—may be a binding, vested promise that cannot be undone, at least for those who have already qualified.

Last-chance agreements put employers on sure footing

02/12/2009

If you offer last-chance agreements instead of immediately firing employees, you can impose seemingly draconian measures without worrying about a lawsuit. If you later terminate an employee for violating agreement terms, most courts will take your side.

Ohio EEO official’s motto: ‘Do as I say, not as I do’

02/12/2009

The Ohio Department of Transportation’s equal employment opportunity contracts coordinator, responsible for making sure agency vendors comply with state and federal anti-discrimination laws, has been punished for sending racist and sexist messages through the agency’s e-mail system.

Attorney General’s office settles sex harassment claims

02/12/2009

Two women who filed lawsuits alleging they were sexually harassed while working for former Ohio Attorney General Marc Dann have settled their legal claims. Current Attorney General Richard Cordray announced that the agency had settled the women’s claims for $247,000 each, including attorneys’ fees.

New Ohio minimum wage trumps upcoming fed increase

02/12/2009

By now, you have probably adjusted your payroll software and hourly wage information to reflect the new Ohio minimum wage of $7.30 per hour, which took effect Jan. 1.

Handbooks 101: 4 guidelines to follow, 5 policies to include

02/12/2009

Each year, new employment laws go on the books and courts write thousands upon thousands of decisions interpreting old laws. Yet, year after year, many HR professionals reach up onto a dusty shelf to hand new employees the same old employee handbook someone wrote years ago—too often without a second of consideration whether the contents still pass legal muster.

What are our legal options? It turns out, an employee who is suing us was a thief!

02/12/2009

Q. Our company is being sued by an employee for discrimination. During the lawsuit proceedings, we discovered that he had been stealing from us. Do we have any recourse?

Can we cut our legal risk by offering unconditional reinstatement?

02/12/2009

Q. If an employee is suing our company, what are the benefits of offering her job back while the litigation is ongoing?

Is it OK to pay hourly workers comp time instead of overtime?

02/12/2009

Q. Is it legal for my company to pay our hourly employees comp time instead of paying time-and-a-half for overtime worked?