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Employment Law

How can our process elicit more specifics when the union files grievances?

08/08/2008
Q. We have a lot of trouble with our employees’ union in terms of processing grievances. The form the union uses does not provide enough information for my HR office to determine if the grievance has merit or not. We would like the union to identify the contract provision that it believes has been violated, along with sufficient facts to understand the issue. Any thoughts? …

‘You Won’t Work Sundays?!’ EEOC Offers Guidance on Religious Accommodations

08/06/2008
The EEOC recently released guidance to help employers avoid religious discrimination charges. Distilled from the law, regulations and court decisions, the guidance offers both a list of frequently asked questions about religious discrimination and accommodation and a list of best practices. You can download free copies of each here.

‘Forgot’ to pay overtime? Ignorance of the law is no excuse

08/06/2008
Want to end up paying double or more the overtime you owe? Then ignore the Fair Labor Standards Act (FLSA) and New York labor laws. If you don’t pay what you owe in overtime—on time and accurately—you may end up paying double under the FLSA, going back three years; and 25% more than you owe, going back six years …

Backup firing rationale to beat discrimination claims

08/06/2008
Smart employers don’t leave anything to chance when it’s time to fire someone—especially when the employee facing termination thinks he might have a discrimination claim. Instead of taking a chance that something said during the termination meeting will be misinterpreted, they make sure the meeting includes at least two company representatives …

Stray comments alone won’t prove religious discrimination

08/06/2008
Employees, aided by new EEOC guidance on religious accommodations, are feeling freer to ask for time off to participate in religious worship. The EEOC guidance makes it clear that employees must make the first move to work toward an accommodation since Title VII bars employers from asking about an applicant/employee’s religion …

Caution! Micromanagers may be lightning rods for lawsuits

08/06/2008
Some supervisors who micromanage tend to focus on one or two troublesome employees. If those employees belong to a protected class, watch out! Here’s how such cases wind up in court …

Remind managers and supervisors: We welcome complaints!

08/06/2008
The best way to avoid employment discrimination lawsuits: Make sure managers encourage employees to come forward with their concerns and complaints. Doing so shows that the company takes discrimination seriously, allows it to fix genuine problems fast and cuts the risk of a lawsuit down the line …

You’re justified in firing employee you reasonably believe committed ‘Leave fraud’

08/06/2008
Here’s a surprisingly common situation that presents what looks like a no-win situation for employers: A worker with a high-pressure job and a heavy workload asks for FMLA and short-term disability leave for various minor health problems. The company approves the leave, expecting the employee back after 12 weeks …

Employees fighting? Punish everyone equitably—or be prepared to explain why not

08/06/2008
If a fight breaks out at work, make sure you punish everyone involved in the incident according to his or her level of involvement. Don’t terminate one employee and suspend the other unless you have a very good reason for the different treatment …

Former broker files whistle-Blower suit following fraud investigation

08/06/2008
Timothy Flynn, a former senior vice president for UBS Financial Services, has filed a lawsuit claiming the Wall Street firm retaliated against him for cooperating with a Massachusetts securities fraud investigation …