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Employment Law

Not a union employer? Proposed EFCA could soon change that

01/13/2009

Union-free employers should consider acting now to keep their operations union-free, given the nature of the changes that are likely to come with enactment of the Employee Free Choice Act. The law would make it more difficult for employers to oppose union organizing, and would limit employers’ bargaining power if they do become unionized.

Can we have an English-only rule?

01/13/2009

Q. Is it OK for our company to prohibit employees from speaking in languages other than English in front of our customers?

Can we terminate now an employee who we know can’t return from FMLA leave?

01/13/2009

Q. We have an employee out on FMLA leave and have just learned that she will not be able to return to work when her FMLA entitlement expires. Should we go ahead and send her a termination notice now?

Can we forbid employees from sharing how much of a bonus they received?

01/13/2009

Q. My company asks employees who receive raises or discretionary bonuses not to discuss them with other employees. An employee recently took issue with this request and told me the company’s practice is illegal. Is that true?

New Congress dives into employment law

01/13/2009

The 111th Congress wasted no time signaling its intention to enact employment law legislation that dramatically favors employees, quickly passing both the Ledbetter Fair Pay Act and the Paycheck Fairness Act. They promise equal pay for equal work. Find out why business and HR groups oppose both measures.

Are employees obligated to keep wages and salaries confidential?

01/12/2009

Q. Can an employer prohibit employees from sharing confidential wage information with each other, such as rates of pay or the amount of wage increases?

Have policy, act fast to cut racism liability

01/09/2009

When racism raises its ugly head at work, employers must do two things. First, make sure everyone understands your company policy prohibits any form of harassment, including that of a racial nature. Then punish anyone caught violating that policy. And if racist graffiti is involved, remove the graffiti as soon as possible.

Remind employees: Honesty required when applying for health insurance benefits

01/09/2009

Remind employees that they must be honest when filling out health insurance sign-up forms. Otherwise, they—and your company—may be sued later to recover the medical costs associated with undisclosed pre-existing conditions.

Consider settling if others can bolster individual’s sex discrimination claims

01/09/2009

If an employee is threatening litigation, try to find out whether others who belong to the same protected class might support her claims. If so, it may be time to settle.

Review contract language before changing benefits

01/09/2009

If your organization has a collective-bargaining agreement with a union, you must 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.