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Employment Law

Of gangs, G-Men and a dogged cop: Careful discipline prevails in court

07/09/2015

Employers that take their time to discipline troublesome employees who refuse to follow the rules often make out well if that employee later sues. That’s because they will have clear and unambiguous evidence that the employee deserved the discipline—not because he was a troublemaker, but because he couldn’t follow the rules others did.

Suit filed? Arbitration pact may still work

07/09/2015
Employers use arbitration agreements to keep employment-related litigation out of the courts. But what if you don’t have an arbitration agreement in place when former employees file a wage-and-hour class action lawsuit against your company? Can you suddenly spring an arbitration agreement on current employees and expect it to work? Surprisingly, yes, according to the 8th Circuit Court of Appeals.

NLRB’s relentless attack on employment policies continues

07/09/2015
In recent years, the National Labor Relations Board has steadily, aggressively increased its scrutiny of employment policies found in almost every employee handbook. Seemingly well-intentioned and generally accepted policies have been found to violate the National Labor Relations Act because they are seen as chilling employee rights to engage in protected, concerted activity.

The new overtime rules: 5 steps to take now

07/09/2015
On July 6, the U.S. Department of Labor officially unveiled the biggest overhaul of overtime law in history. Public comments on the proposal are due by Sept. 4. The final draft will be published after that and may go live as early as Jan. 1. Experts predict an effective date in spring 2016.

When the $#@& hits the GINA fan …

07/08/2015
You may have heard about homeowners’ associations and towns demanding DNA tests when a pooch does his business on someone else’s lawn or in a public park. That’s fine for canines and their owners. But when an employer tried the same thing, the law intervened.

At SHRM, HR pros react to DOL’s proposed overtime pay rule

07/07/2015
The Department of Labor announced its new proposed rule for white-collar overtime pay right as thousands of HR pros were meeting in Las Vegas at the Society for Human Resource Management’s 2015 Annual Conference. Needless to say, it instantly became agenda item No. 1. Here’s some of the reaction at SHRM to the DOL’s bombshell.

Here’s more proof that FMLA rules are clear as mud

07/07/2015
One definition of a “serious health condition” that would qualify an employee for FMLA leave is “any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital.” But what counts as an overnight stay?

Not all skeevy conduct is sexual harassment

07/07/2015
That doesn’t mean employers should ignore a one-time incident or behavior brought to HR’s attention. You can and should end any behavior that may be perceived as offensive or harassing. Once you have, you can move on, as this recent Texas Supreme Court decision shows.

DOL criteria for legitimate unpaid internships

07/06/2015

Is that summer intern down the hall working for free? Watch out! Chances are, you should be paying her at least the minimum wage. To avoid having to pay interns, employers must meet all six of these criteria laid out in U.S. Department of Labor Fact Sheet #71.

Here’s your retaliation ‘get out of jail free’ card

07/01/2015
If you don’t know an employee has engaged in so-called protected activity, you can’t be liable for retaliation. A recent case demonstrates this.