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Employment Law

How to turn the tables on lawsuit-happy employees

02/12/2009

There’s a silver lining to the rising number of employment lawsuits: Courts are losing patience with applicants, employees and former employees who file discrimination lawsuits that have no basis in reality. Recently, the 6th Circuit Court of Appeals approved sanctions against such employees and their attorneys.

Audit pay averages for women and men to learn if you’re at risk for pay-bias suit

02/12/2009

Pay disparities between men and women are in the news. Here’s how to find out whether you’re in danger of being sued: Take all your employees working in the same classification, divide them into male and female groups and then determine each sex’s average salary.

Don’t change job duties on return from FMLA leave

02/12/2009

Employees who take FMLA leave are entitled to return to their former jobs, or at least equivalent ones in terms of pay, responsibilities and the like. Ignoring that requirement and making job changes is the quickest way to an FMLA lawsuit.

Don’t even think about ignoring DOL investigation, requests

02/12/2009

A Michigan employer has learned a tough lesson: Ignore the U.S. Department of Labor at your peril. Its employees won their lawsuit—even though they had no proof of wrongdoing—simply because the employer ignored the DOL’s request for records and failed to show up in court.

Automakers offer early retirement packages

02/12/2009

General Motors and Chrysler have offered blue-collar workers at selected plants early retirement packages. The buyouts allow the struggling manufacturers to cut short-term costs, but also reduce future labor costs.

New job can’t settle reverse bias suit—but $425,000 will

02/12/2009

Shortly before Genesee County reorganized Dennis Goodman’s department, Goodman, a white motor pool administrator, received an e-mail containing an alleged racially biased remark. When the re-org happened, Goodman lost his job. He filed suit under Michigan’s Elliott-Larsen Civil Rights Act, alleging racism caused his termination …

Whistle-blower law insulates noncomplaining workers, too

02/12/2009

When two workers complained to two co-workers that their employer wasn’t providing protective gear while they installed insulation, it started a chain of events that led to their firings.

Bring domestic violence out of the workplace shadows

02/11/2009

Because the impact of domestic violence reaches deeply into a company’s culture, employers should reassess policies and make domestic violence an HR priority. Four sensible practices can help you help employees prevent domestic violence and lessen its impact.

It’s February, and love is in the air—or is it harassment?

02/10/2009

As Valentine’s Day draws near, it’s time to take a loving look at that everlasting HR worry … the office romance. Supervisor-subordinate relationships can spell real trouble, and it’s no solace if—at least for a while—the subordinate welcomed the boss’s advances. More cheerfully, there’s good news about where our priorities are these days.

Are you a target for union organizing? 6 questions to ask

02/06/2009

The Lilly Ledbetter Fair Pay Act that President Obama signed into law last week is just the beginning of what’s shaping up to be a wave of new pro-employee legislation from the current Congress and administration. Next up on the Congressional front-burner: the Employee Free Choice Act (EFCA), which would make it far easier for unions to gain certification. In this Congressional climate, organized labor is poised for rapid expansion.