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Employment Law

Must arbitration agreements be initialed by employer and employee?

03/01/2008
Q. My company implemented an employment arbitration program several years ago, applicable to employees in all states, including Georgia. I recently have been told that Georgia law has special employment arbitration rules requiring that both the employer and the employee initial arbitration agreements in order to be enforceable. Is this true? We don’t do this …

Study: Big increase in wage-Related lawsuits in ’07

03/01/2008
Fair Labor Standards Act lawsuits outnumbered cases relating to employment discrimination and the Employee Retirement Income Security Act in 2007, and the trend will likely continue in 2008, according to an annual study by the law firm Seyfarth Shaw LLP …

IBM fixes overtime problem … with a pay cut

03/01/2008
For years, IBM Corp. was haunted by a big overtime lawsuit filed by its highly compensated technical-support employees.  Now, nearly two years later, IBM has reclassified 7,600 technical-support employees, making them eligible for overtime. But the company also reduced their base pay by about 15% …

Warn staff of new e-Mail scams using IRS’ name

03/01/2008
The IRS last month posted a warning to taxpayers about e-mail and phone-based scams that falsely use the IRS’ name. The goal: Trick you into giving up your Social Security number, credit card info and other key financial data …

Business.gov now offers state compliance advice

03/01/2008
The U.S. government’s main web site for business regulatory compliance, www.Business.gov, has always billed itself as the go-to site for federal compliance. But its new search features and expanded content now allow you to search for information on regulatory information from state and local governments, too …

Must employees receive a warning before termination?

03/01/2008

If employees are at-will workers, you can fire them for any reason or no reason at all, as long as it’s not discriminatory. But, as a new ruling shows, supervisors should resist that quick-trigger urge if that employee recently voiced a discrimination complaint …

The HR I.Q. Test: March ’08

03/01/2008
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz … 

When FMLA leave goes beyond doctor’s estimate

03/01/2008
Q. An employee with asthma got medical certification for her intermittent FMLA leave. It said her expected absence frequency was three to five times per month. This month, she took six days off. Must we count the last day as intermittent leave, or can we rely on the upper estimate from her doctor? — B.L., Missouri …

Making demands while employee is on disability leave

03/01/2008
Q. We have an employee on disability leave because she had dental reconstructive surgery due to oral cancer. Shortly after her return, her supervisor gave her a deadline to get her backlogged work done. It may not be a realistic deadline. If we discharge her, can we be in legal trouble? — Anonymous …

Congrats on winning! Do you really want attorneys’ fees?

03/01/2008
Sometimes, when an employee files a frivolous suit, it’s tempting to seek payback. If you succeed in getting the litigation dismissed, why not insist the losing employee pay attorneys’ fees and court costs? Before you throw good money after bad, consider whether you want your attorneys to spend even more time trying to get the employee to cough up …