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Employment Law

Don’t fear that settling a lawsuit will affect later case

11/01/2006

If you’re reluctant to settle an EEOC case out of fear that it will set a precedent for other claims made against your organization, here’s a piece of good news: An employee can’t base a discrimination claim on a settlement that you reached with another employee …

Reinstatement won’t erase your job-Bias liability

11/01/2006

Here’s more incentive to make correct employment decisions the first time around: A recent court ruling makes clear that employees can still sue under Title VII even if your organization quickly reverses a decision …

RIF justifications need only be ‘Reasonable’ to stand up

11/01/2006

If your organization plans a reduction in force, you can rest assured that you don’t have to prove that your method for selecting employees is the absolute best way to achieve your business goals …

Minimum wage plays big role in state elections

11/01/2006

This month’s elections may see more states adopt minimum-wage increases as they tire of waiting for Congressional action. After the ballots are counted, more than half of the states could be sitting on minimum-wage levels above the federal $5.15 per-hour threshold …

More states require insurance firms to cover certain medical tests, treatments

11/01/2006

Despite calls for a moratorium on such mandates, state legislatures continue to require that insurance companies cover specific tests and treatments, which leads to increases in employer health premiums …

NLRB ruling spells end of union eligibility for millions

11/01/2006

In recent years, unions have pushed to organize well-compensated professionals. In response, employers have argued that those professionals form part of the management team and, therefore, are not eligible for union representation. Last month, the employers’ view won out …

Fighting union elections: 6 do’s and don’ts

11/01/2006

To increase your chances of defeating a union drive while avoiding a National Labor Relations Act claim, heed these tips …

Accommodating hearing-Impaired employees, applicants

11/01/2006

The EEOC, the federal agency that enforces the ADA, recently issued guidance to help employers accommodate hearing-impaired employees and applicants. The guidance provides employers with real-life examples of hearing-impaired employees and what rights they possess under the ADA …

Tracking time off for salaried employees

11/01/2006

Q. If a company tracks employees’ vacation, sick and personal time off, can we make deductions from accumulated time for everyone who takes time off, including salaried employees? I’m talking about deducting it from the accrual, not the pay. I’ve heard that I can’t deduct vacation, sick leave or personal time if the salaried employee worked at least four hours during that day. —S.W., Florida

Supreme Court: No Need to Investigate ‘Silent’ Victims

11/01/2006

When the U.S. Supreme Court began its new term, one of its first moves was to reject a case that could have created new responsibilities for employers in investigating sexual harassment …