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Employment Law

Small public firms must comply with Sarbanes-Oxley, SEC says

07/01/2006

Here’s some bad news for public companies: The Securities and Exchange Commission announced that it won’t exempt smaller public companies from the anti-fraud provisions of the Sarbanes-Oxley Act …

Planned EEOC budget cuts attacked by unions, lawmakers

07/01/2006

The Equal Employment Opportunity Commission (EEOC), the agency that enforces workplace anti-discrimination laws, has lost 20 percent of its work force since 2001. And it may suffer another budget cut in the coming FY2007 federal budget …
 

Boycott effort at ExxonMobil could alter policies on gay workers

07/01/2006

ExxonMobil has earned the wrath of many for reaping record profits while gasoline prices run so high. Now the oil giant is facing a boycott—not from angry motorists but from gay rights groups …

New Limits on Public-Sector Whistle-Blowers

07/01/2006

In a victory for employers, the U.S. Supreme Court made it harder for public employees to sue when they claim to have been punished for speaking up about wrongdoing …

Use lots of independent contractors? Heed new legal risks

07/01/2006

Same work, fewer expenses and less hassle. That’s the perceived advantage of using independent contractors. And the mantra has its appeal. But many employers have opted for freelancers only to find a new set of problems: lack of control, unreliable workers and, in some cases, litigation …

Identity theft: How far must you go to protect workers’ data?

07/01/2006

The federal Fair and Accurate Credit Transaction Act (FACTA) of 2003 says businesses that negligently or purposely allow employees’ or customers’ personally identifiable data to fall into the wrong hands can face fines of up to $2,500 per infraction …

THREE CHAMPAGNE BOTTLES … TWO DIFFERENT PENALTIES

07/01/2006

Q. Two employees went to breakfast and drank three bottles of champagne to celebrate one’s birthday. One employee is an exempt employee who has been with us for seven years. The other is an hourly employee with the company for one month. I’d like to treat them differently: terminate the hourly employee and suspend the exempt employee for a week. Is that possible? —D.M., California

Job-Offer Letters: To Sign or Not to Sign

07/01/2006

Q. Is it wrong to ask new hires to sign job-offer letters? We ask for a signed copy as part of documenting that they were informed that employment was “at will.” Is this inadvisable? —T.U., North Carolina

Use payroll deduction to collect unpaid premiums

07/01/2006

Q. An employee went on FMLA leave, but we failed to specify the method in which he would pay his share of health insurance premiums. It’s now three months later, the employee has returned to work and he hasn’t paid a dime. We want to collect the premium. What can we do? —D.T., Texas

Don’t tolerate employees’ abuse of union rights

07/01/2006

Q. One of our employees (a bus driver) also serves as a committee member for a labor union. The driver uses his union position to protect himself from our company’s policy on insubordination. Does management have a right to ban this employee from the property when he conducts labor business because of his combative, disrespectful and intimidating manner? What rights does management have under this circumstance? —S. G., Florida