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Employment Law

Just having a policy isn’t enough! Enforce your rules against harassment

04/23/2014
We’ve said it before, but it needs to be said again: Simply having a sexual harassment policy in your handbook won’t save you from a lawsuit. It’s all about what you do with that policy.

Disability leave: Best intentions may backfire

04/23/2014

Here’s something to consider before you place an employee on disability leave following an em­­ployer-ordered medical exam. That employee may end up being considered disabled—even if the exam revealed no real medical problems. Essentially, by examining him and placing him on leave, you are regarding him as disabled. He can then sue for disability discrimination.

Continue benefits status during military leave

04/23/2014
Always count military leave as time worked. Simply pretend the worker is present and earning leave and other benefits. That principle applies to both your attendance policies and your FMLA practices.

ACA state exchanges get thumbs up from Consumer Reports

04/23/2014
Back in November, Consumer Reports magazine urged its readers to hold off on buying health insurance through websites operated by the state-based exchanges authorized by the Affordable Care Act. Now it holds a different view.

CBO: Minimum wage hike would add $15 billion to U.S. payrolls

04/22/2014
Democratic efforts to raise the national minimum wage to $10.10 per hour would cost private-sector employers an additional $15 billion per year, according to an analysis by the nonpartisan Congressional Budget Office.

Most 2013 EEOC charges were filed by employees in 10 states

04/18/2014
Ten states—mostly home to the nation’s largest cities or located in the South—accounted for 56% of all EEOC charges filed in 2013.

Is a salary only for full-timers?

04/18/2014
Q. Can part-time employees be salaried?

Is it possible for an employee to take FMLA leave after the birth of her grandchild?

04/16/2014
Q. An employee wants to use FMLA leave to spend time with her daughter after her grandchild is born. There are no expected post-birth complications, but the new mom will need assistance. Would this qualify for FMLA leave?

Can the government dictate the ‘look’ of the people we prefer to hire?

04/15/2014
Q. We are a retail company. Our public image and our reputation for being a patriotic corporate citizen are both very important to us. We tend to hire a predominately young workforce and individuals with trendy, but “clean cut” and energetic appearances. I also don’t want to be forced to hire people with head coverings or facial hair, which we don’t allow. Can the government force us to do that?

NLRB ready to back broad union organizing and collective activity

04/15/2014
For the first time in a decade, the NLRB is operating at full strength with five members and a confirmed General Counsel. The new board has a union-side majority and appears poised to expedite union organizing and support other collective activity across an increasingly broad spectrum of unionized and nonunionized workplaces.