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Employment Law

Breaching employment contract can nullify noncompete clause

07/01/2006

The best way to protect against employee poaching—and against employees using your organization as a training ground to start their own competing firm—is with a solid employment contract and noncompete agreement. But it will mean nothing if you break the agreement first …

‘Ministerial exception’ isn’t free pass for religious groups to discriminate

07/01/2006

If your organization is a religious institution, you may not have adopted anti-discrimination policies or practices because you think you can rely on the “ministerial exception.” But, as a new case shows, that may not always be the case …

Labor Dept. Tightens Noose on Donning-and-Doffing Cases

07/01/2006

A key 2005 U.S. Supreme Court decision made clear that manufacturers must pay workers for time spent changing in and out of safety gear, plus the time they spend walking between changing rooms and workstations. Now, the Labor Department is moving to make sure employers are complying …

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