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Employment Law

NLRB clears way for ‘ambush’ union elections

12/16/2014
The National Labor Relations Board says a new final rule issued Dec. 12 will “streamline” union elections. Critics say the result will be “ambush elections” where voting happens so fast that employers stand little chance of persuading employees to reject union representation.

Promoting? Don’t factor in child care responsibilities

12/15/2014
A woman who was turned down for a promotion to a manager or an assistant manager postion in a pawn shop in Alabama claimed the employer discriminated against her because of her gender and child care responsibilities.

NLRB says employees can use company email to discuss pay, union organizing

12/15/2014

If your organization has a blanket policy that prohibits workers from using the organization’s email for personal matters, it’s time to revise it. The National Labor Relations Board ruled that employees have the right to use their employer’s email system (during off-duty time) to engage in legally protected communications, including discussing wages and even organizing a union.

Email/Internet Usage

12/15/2014

HR Law 101: Employers have any number of legitimate reasons to monitor employees’ email and Internet usage. Beyond personal productivity issues, you risk significant loss should an employee download a virus or other damaging software or engage in illegal activity conducted on company computers …

Occupational Safety and Health Act

12/15/2014

HR Law 101: The Occupational Safety and Health Act (OSHA) requires all employers to provide a safe and healthy workplace for their employees. Enacted in 1970, the law also mandates specific guidelines for certain industries and protects workers who file whistle-blower complaints about hazardous conditions in their companies …

COBRA: Employer Obligations

12/13/2014

HR Law 101: Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, employers are required to continue offering health insurance benefits to employees and their covered dependents for a specified period after they leave the organization …

Employee acting like a jerk? Don’t let him claim ‘the disability made me do it!’

12/11/2014
Some employees behave in ways that create an unpleasant environment for their co-workers and supervisors. There’s no reason to put up with bullies and other ill-behaved employees—regardless of the reason.

Supreme Court hears arguments in key pregnancy discrimination case

12/10/2014
Does the Pregnancy Discrimination Act require employers to accommodate expectant mothers in the same way they must accommodate disabled workers? That was the question before the U.S. Supreme Court when it heard oral arguments Dec. 3 in Young v. UPS, a closely watched case that could affect workplaces nationwide.

Using Independent Contractors

12/10/2014

HR Law 101: Many organizations use independent contractors as a way to sidestep payroll taxes, expensive fringe benefits and red tape. But if the IRS concludes that those workers are really employees, the employer could be liable for back taxes, penalties and interest charges …

Can’t explain pay difference? That’s a problem

12/09/2014

Courts considering pay discrimination claims want to believe that employers don’t purposely adopt policies that pay men more than women for the same work. But employers won’t win many lawsuits if they can’t explain exactly how pay differences came about. Simply put, if you have a complicated process for determining compensation, be ready to share it with the court.