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Employment Law

Roads closed due to emergency: Still pay staff?

03/20/2012
Q. During snowstorms and floods, the government sometimes declares a state of emergency in certain counties. No one is permitted to be on roads except essential employees and emergency vehicles. Do we have to pay employees who can’t come to work because of the restrictions?

When merger looms, focus on evaluations

03/19/2012
HR professionals are often among the first to know that big organizational changes are on the way. If you learn about an upcoming merger, don’t spill the beans, but do diplomatically prod managers to complete all pending performance evaluations.

Is there a grace period for paying overtime?

03/19/2012
Q. We couldn’t obtain the amount of overtime one of our employees worked in time to include payment for those hours in the current payroll period. We understand that untimely payment of wages could expose our company to penalties. May we issue a paycheck to the employee for his regular hours worked and include his overtime payment in the following pay period?

‘Ministerial’ employees can’t sue under federal employment laws

03/19/2012
The U.S. Supreme Court recently confirmed the existence of a “ministerial exception” to the ADA and other federal employment statutes such as Title VII of the Civil Rights Act. The justices held that the Con­sti­tut­­ion’s First Amendment bars em­­ployees in ministerial positions from suing churches and other religious em­­ployers under such laws.

You may not get your choice of law

03/19/2012
If you engage independent contractors, you may include a “choice of law” clause in your contracts, designating which state’s laws will apply should a dispute arise. But that doesn’t mean courts will always agree to the jurisdiction you prefer.

OFCCP: The most powerful agency you’ve never heard of

03/19/2012
The U.S. Department of Labor’s Office of Federal Contract Compliance Pro­­grams (OFCCP) monitors and enforces federal contractors’ compliance with the nation’s employment laws. Think of it as a parallel EEOC, but focused only on federal contractors. In many ways, it’s the most powerful government agency you’ve never heard of.

Government employees have limited privacy rights

03/19/2012
Public employees don’t lose all privacy rights just because they work for the government. But that privacy is subject to limitations.

Anonymous complaint? Investigate to get all details

03/19/2012

If you receive an anonymous complaint about a hostile workplace, launch an investigation right away. That way, if an employee later sues, you can easily compare what he said to the investigator with what he remembers now.

It’s your word against hers: Juries often decide if charges are trumped up

03/19/2012

If you get sued for retaliation by an employee who has previously filed a sexual harassment complaint, a jury will probably be suspicious of any discipline she received after complaining. Unless you can convincingly show the discipline you levied was deserved, a jury will have to decide if it was retaliation or legitimate punishment.

Beware defamation lawsuit after firing: Keep the reason confidential

03/19/2012

If you need to fire an employee for unethical actions, how you handle the termination may mean the difference between winning and losing a defamation lawsuit. Most important: Share information about the termination only with those who need to know about it.