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Employment Law

When employee acts as his own lawyer, court may bend over backwards to help

01/08/2020
Employees who try to represent themselves in court often struggle. They may miss deadlines or simply not understand what claims they may have. Don’t let this lull you into false confidence that the case will be dismissed.

Details matter in arbitration, and flaws can render an agreement unconscionable

01/08/2020
Make sure your arbitration agreement is carefully drafted and presented. Confusing language or fine print can doom the agreement.

Precisely document justification for policies

01/08/2020
Here’s an important reminder when creating or modifying employment policies: Treat every memo as if it will end up as evidence in a lawsuit.

Even settling harassment cases costs a fortune

01/07/2020
There are many compelling reasons to prevent sexual harassment and stop it if it occurs. One of the most practical reasons: Harassment cases are very expensive to resolve, whether in court or with a settlement.

Failing to accommodate pregnancy costs $170K

01/07/2020
Life Care Centers of America, a chain of 236 geriatric health care service providers in more than 35 states, must pay $170,000 to settle a Pregnancy Discrimination Act lawsuit.

Supreme Court takes another employment case

01/02/2020
The U.S. Supreme Court is still accepting cases for the current term, and on Dec. 18 agreed to hear an appeal in a pair of unique employment cases.

Uber, EEOC broker unique $4.4 mil settlement

01/02/2020
Uber and the EEOC have agreed to settle sexual harassment charges against the ride-hailing company, following a unique approach that could become a model for future settlements.

You must consider internal applicants

01/02/2020
Before you open a job listing to outside applicants, make sure you consider current employees. Ignoring them—especially those who possess the required experience and qualifications—can be a risky proposition.

NLRB extends timetable for scheduling union elections

01/02/2020
Most union elections will take place no sooner than 20 business days after being authorized, according to a new rule issued by the National Labor Relations Board. That’s significantly longer than the election schedules that have been possible since a 2014 NLRB decision dramatically compressed the election timeline.

Prevent bias lawsuits: Never simply rubber-stamp boss’s discipline recommendation

12/26/2019
Before approving a supervisor’s recommended disciplinary action, HR should conduct an independent investigation. It needn’t be extensive, but it’s essential to document that you checked into the facts of the case.