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Employment Law

Be Aware of Little-Known Contract-Bias Law … and Its Limits

04/01/2006

If your organization signs contracts for goods or services, it’s important to educate yourself on a little-known federal law that can easily trip you up: the "Section 1981" law …

Small Employers: Introduce the ’15-Employee Threshold’ Defense Early

04/01/2006

The federal job anti-discrimination law (Title VII of the 1964 Civil Rights Act) applies to employers with 15 or more employees. So, if you have fewer than 15 workers, you may think you’re automatically immune from such suits. Not so fast, says a new Supreme Court ruling …

More reason to beef up training: ‘Quit and sue’ becoming the norm

04/01/2006

Don’t assume that you can handle sexual harassment issues after they arrive on your desk as a complaint. The trend these days seems to be "quit and sue," rather than giving employers a chance to fix the problem. And, in many cases, employees are finding success in such tactics …

Don’t Let Healthy Worker Play the ‘Disabled’ Card; Know Your Rights

04/01/2006

You probably know the type: the employee who stirs the pot of discontent whenever possible. And just when you’re about to levy discipline, the person pulls out the "get out of jail free" card and tells you about some imagined disability that needs accommodation …

Overtime court battles on the rise and expected to continue

04/01/2006

Rather than calming the turbulent legal waters, the revamping of the federal overtime laws in 2004 has churned up even more disputes and lawsuits …

Labor Department to revise foreign worker certification rules

04/01/2006

The U.S. Labor Department is proposing changes to the way non-U.S. citizens are certified for permanent employment in the United States. Specifically, the government would prevent employers from shifting visas from one foreign worker to another …

Monitoring Internet usage? You’re not alone

04/01/2006

Three quarters of employers responding to a new American Management Association survey said they monitor how employees spend their time online at work …

Dispelling 4 common myths about disability leave

04/01/2006

There once was a time when considering an employee’s request for disability leave was fairly straightforward. But no more. With passage of the ADA and FMLA, employers must now navigate a virtual maze of federal laws and regulations. And when an employee’s disability stems from a work-related accident, workers’ compensation issues must be taken into account …

Asian-American workers: Beware bias, immigration scrutiny

04/01/2006

Following 9/11, the EEOC paid particular attention to employment-discrimination backlash against employees who appeared to be Muslims or of Middle Eastern or South Asian ancestry. But now that effort appears to be broadening. Until recently, the EEOC didn’t view job discrimination against Asian-Americans as a widespread problem. But a new survey changed all that …

 

You’re not required to print handbook in Spanish

04/01/2006

Q. If an employee speaks Spanish and doesn’t understand English, am I required to have my handbooks and other policies translated into Spanish? Is the handbook valid if the employee signs but does not understand the content? —A.B., California