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Employment Law

South Bend contractor hit with max fine for fall-Protection error

10/01/2007

OSHA inspectors slapped steel contractor National Store Fixtures Division of United Fixtures in South Bend with a $79,500 fine for failing to protect workers at a construction site last year. Following a tip, OSHA conducted a site inspection and found employees working more than 15 feet off the ground without fall protection while installing steel walls …

Union membership in Indiana projected to fall below 10%

10/01/2007

Union membership nationwide has been on a steady slide for the past 40 years and Indiana is no exception. A new Indiana Department of Labor report shows that only 12.5% of workers in Indiana are members of a labor union, down from more than 40% in the mid-1960s. The report predicts that the percentage will fall to 9.5% by 2010 …

Noncompete agreements in Indiana: When are they legal?

10/01/2007

Many Indiana employers wisely use noncompete agreements to protect their legitimate business interests in their customer base and trade secrets. But will those agreements stand up in court? While some employers have successfully used noncompetes, others don’t believe they’re worth the paper they’re printed on. Depending on how the noncompete is drafted, either can be true …

How to put a stop to FMLA leave abuse

10/01/2007

Q. I suspect one of the employees in our office is abusing his FMLA leave because he always seems to call off work at the end of the week or around holidays. What options are available to us to deny his suspicious leave requests? —E.L. …

Is return to work after workers’ comp guaranteed?

10/01/2007

Q. An employee has been out for the past few months on workers’ comp. During his recovery, we placed someone else in his position. His replacement has performed better than the injured employee, and we want to keep the replacement. Do we have to return the original employee to his job following his return from workers’ comp leave? —R.P. …

HR tracking system helps ensure equal treatment

10/01/2007

When it comes to discrimination, your best defense is treating everyone absolutely equally. And that’s tough to do without a central HR tracking system. It doesn’t have to be complicated. Make sure you note any problems (and praise) in each employee’s official file. Then, do regular audits—pulling out data on age, sex, national origin and race—to tabulate the types of problems and any discipline levied …

Be prepared to back up group firing decision

10/01/2007

Does your organization make important hiring and firing decisions by committee? That’s one way to counter possible bias by one individual. But be prepared to document how the group made the decision …

Only business need can justify English-Only rules

10/01/2007

Employers that want to limit the use of languages other than English in the workplace take note: Your language restrictions must be reasonable and based on genuine business needs. A simple company preference for English isn’t good enough …

OWBPA doesn’t cancel out courthouse-Step settlements

10/01/2007

The federal Older Workers Benefit Protection Act (OWBPA) requires employers to give older workers at least 21 days to consider the offer if any termination or severance-pay agreement asks them to give up their right to sue for age discrimination. But fortunately, once the case is in court, there’s no waiting period …

Remind supervisors: No temper tantrums allowed

10/01/2007

One of the quickest ways to turn an annoying—but perhaps unfounded—discrimination complaint into a winning lawsuit is to react inappropriately. That’s why it’s critically important for HR professionals to remind managers and supervisors: Don’t comment on pending complaints! Plus, remind them that venting in front of employees can backfire …