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Employment Law

From New York to New Mexico: It’s legal to adjust pay based on local standards

01/31/2013

Don’t let pay concerns get in the way of a transfer. Feel free to adjust compensation to account for different market rates in different locations. Courts have said it’s perfectly fine to adjust salaries to suit local standards. Just make sure your compensation decisions are consistent when it comes to protected characteristics.

When interviewing, when is it OK to ask applicant about her sexual history?

01/29/2013

We all know that hiring managers are supposed to avoid personal or intrusive questions when interviewing job applicants. However, under some limited circumstances, getting answers to such questions may be relevant and necessary to the hiring process. Make sure hiring managers know the line before they step into any interview.

Warn managers: You can be personally liable for leave mistakes

01/26/2013

If you’re looking for incentives to get managers and supervisors to pay attention during FMLA training sessions, look no further. Simply point out that they can be held personally liable if they deny FMLA benefits to which an employee is entitled.

Appeals court rules Obama’s NLRB appointments were illegal

01/25/2013
In a decision that could invalidate more than a year’s worth of National Labor Relations Board rulings, a federal appeals court said President Obama exceeded his constitutional authority when he made three recess appointments to the five-member board. If the Supreme Court upholds the verdict, hundreds of NLRB rulings will be tossed out.

Could a negative reference be considered libel?

01/25/2013
Q. We fired an employee because she was chronically late, frequently missed work and had a poor working relationship with her colleagues. If we provide negative job references to prospective employers, could we be sued for libel?

Does the NLRA apply to nonunion employers?

01/25/2013
Q. If an employer is nonunion, must it abide by the National Labor Relations Board’s (NLRB) rules and regulations?

Can not knowing how to read be a disability?

01/25/2013
Q. Is illiteracy considered a disability under the ADA? And if it is, what accommodations would we be expected to make, as an employer?

Good news for employers: Moonlighting, noncompetes and the NLRA

01/25/2013
The National Labor Relations Board’s Division of Advice recently released a memorandum that should hearten ­­employers. It concluded that requiring employees to sign an agreement that contains a noncompete clause or a “moonlighting” provision would not unlawfully interfere with an employee’s exercise of rights under Section 7 of National Labor Relations Act.

OFCCP sends audit letters to Uncle Sam’s contractors

01/25/2013
The Office of Federal Contract Compliance Programs has begun sending Corporate Scheduling Announcement Letters to federal contractors, warning that they may soon be subject to a compliance review or audit.

Sex bias suit airs law firm’s allegedly dirty laundry

01/25/2013
After the EEOC concluded that a female partner in the Philadelphia office of the Greenberg Traurig law firm had been underpaid by $50,000, she decided to get even.