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Employment Law

Fading support for the war may lead to more USERRA claims

05/01/2007

Waning support for the Iraq war may be making some employers less enthusiastic about following the law guaranteeing reemployment to soldiers returning from military service …

Fighting words over ‘Fighting 529’

05/01/2007

When Latino advocate Jerry Gonzalez showed “Fighting 529,” his documentary slamming Georgia Senate Bill (SB) 529, at Georgia Tech in March, the last person he expected to see in the audience was state Sen. Chip Rogers (R-Woodstock), author of the bill …

Early workers’ comp suspension costs 19-Month salary payout

05/01/2007

How do four days translate into 19 months? That was the math that left Reliance Electric Company, based in Greenville, S.C., scratching its head after a workers’ compensation ruling …

The claim service was great … despite no actual insurance

05/01/2007

An Alpharetta man pleaded guilty to defrauding Phoenix Fund, a Charlotte, N.C.-based self-insured group of 573 employers, by pretending to reinsure them …

How to craft noncompete agreements that work under Georgia law

05/01/2007

Georgia’s constitution prohibits contracts that have the effect of defeating or lessening competition. Anti-competition is considered anti-public policy in Georgia, so employers should craft their noncompete agreements with care …

Misclassify an employee, chances are you’ll pay double

05/01/2007

The Fair Labor Standards Act is an unforgiving master—you’ll pay if you misclassify an employee without solid, good-faith reasons. Hourly employees that you incorrectly designate as exempt will collect more than time-and-a-half for the overtime they worked

Lame excuses for rejecting candidates can land you in court

05/01/2007

Say the wrong thing during the hiring process, and you’ve got a lawsuit on your hands. Here are three tips to help keep supervisors’ feet out of their mouths

Discovered new hire’s litigious background? Don’t retaliate

05/01/2007

Hired a dud who, you just found out, has a history of crying discrimination? Make sure you have solid, business-related reasons for any discipline you take. Here’s why …

Prepare to show solid business reasons for English-Only policies

05/01/2007

The EEOC has recently stepped up efforts to combat national-origin discrimination. Because the agency had concluded that speaking another primary language such as Spanish may disadvantage some employees, it’s pushing for a tight limit to when employers can enforce so-called English-only rules

After employee files a complaint, follow up to check for retaliation

05/01/2007

Employees who come to HR with discrimination complaints may already have talked to a lawyer. They may be building a case and just waiting for someone to make a mistake. It’s your job to make sure that doesn’t happen