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Employment Law

Unions achieve first membership gains in 25 years

05/22/2008
The U.S. labor movement has been taking backward strides for several decades. But a new U.S. Bureau of Labor Statistics report says 12.1% of U.S. workers were union members last year, up from 12.0% in 2006 …

Confused about record-Keeping? DOL unveils online aid

05/22/2008
The U.S. Department of Labor last month debuted the FirstStep Recordkeeping, Reporting and Notices Advisor, an online tool that helps employers determine which record-keeping and notice laws apply to them …

Stable job history is a legitimate hiring criterion

05/22/2008
It’s OK to favor applicants who’ve proven they can stick with a job for a while. That’s not discrimination, as a recent court ruling shows. The key: Allow employees to explain job gaps. Then ignore those that could lead to a discrimination lawsuit … 

FMLA: You can request proof worker’s parent has serious health condition

05/20/2008
As “sandwich generation” employees begin caring for their parents in addition to their kids, you can expect more requests for FMLA leave to tend to mom’s and dad’s medical needs. The FMLA allows employee leave to provide parental care—if the parent’s medical condition actually qualifies for FMLA leave. A federal court says you can ask for medical certification.

Is HR protected for refusing to follow biased orders?

05/20/2008
What happens if management wants to fire or otherwise punish an employee for discriminatory reasons, and HR objects? Can an HR professional who is then fired for refusing to play ball proceed to file her own EEOC retaliation or protected-activity claim? Learn how this issue can affect your organization—and your own career.

Tell supervisors: No threats following unfair labor charges

05/19/2008
It’s understandable that managers and supervisors might get angry if an employee filed unfair labor practice charges against them. But how they respond may mean the difference between a reasonable resolution of the underlying complaint and additional charges—for retaliation and intimidation …

Don’t let retaliation undo settled discrimination charge

05/19/2008

Ever since the U.S. Supreme Court declared that the threshold for retaliation is much lower than for discrimination itself, employees who have filed discrimination complaints are finding that by charging retaliation, they get a second chance to drag their employers into court. That’s why it is absolutely crucial for HR to train supervisors and managers on retaliation …

Bad news: $730K train derailment; Good news: Free venison!

05/19/2008
William Bowman and his employer, Pyramid Stone Industries, a granite quarrying business in Elberton, had an informal agreement: Bowman, who lived in a trailer next to the quarry, kept an eye on the place after business hours. As part of the agreement, Bowman frequently used the company’s golf cart to travel between the quarry and his home …

Cure for promotion paralysis: Simply pick best candidate

05/16/2008
It’s easy to feel paralyzed when it’s time to choose an employee to promote. You need to pick the best candidate for the promotion, but you also don’t want to risk a discrimination lawsuit. The truth is, if your choice is reasonable, a court probably won’t second-guess it …

Employer can access hard drive on company-Owned laptop

05/16/2008
Employers that provide laptops to employees and that suspect an employee might be aiding a competitor can inspect the company-owned laptop without violating the employee’s right to privacy. Employers should, however, exercise discretion while searching the computer …