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Employment Law

EEOC plays hardball? Continue to negotiate

03/19/2012

The EEOC is supposed to engage in a conciliation process before suing employers for alleged employment violations. But sometimes the agency comes out with guns blazing, demanding a huge payment to settle a complaint. Some employers naturally respond negatively—and they may even walk away without further discussions. One employer recently did just that, and then tried to get a federal court to dismiss the EEOC lawsuit.

Track what happens to everyone on a PIP

03/19/2012
Here’s a tip if you use performance improvement plans (PIP) before termination. Track what happens to everyone who’s on a PIP. Note those who quit instead of facing discharge.

Union membership inched higher last year

03/16/2012
Shuffling economic conditions and favorable rule-making in Washington helped union membership rise in 2011 by 49,000 people, up to 14.8 million workers, says the U.S. Bureau of Labor Statistics.

Confidential comp: Can we ban talk of pay?

03/15/2012
Q. I’m confused about what we can do to restrict gossiping over pay. We think it’s nobody’s business and our pay rates are based on a number of factors. Can’t we tell new employees that we consider compensation levels confidential?

What are the criteria for unpaid internships?

03/14/2012
Q. We would like to hire a few college interns over the summer, but with our tight budget, I don’t think we can pay them. What rules apply to unpaid internships?

NLRB adds another wrinkle to arbitration agreement law

03/14/2012

In January, the National Labor Relations Board held that employers may not require employees to sign arbitration agreements that waive their rights to bring class or collective actions. The D.R. Horton decision will probably be appealed. In the meantime, however, the ruling holds important implications for employers.

Air Marshals aren’t biased; they just don’t communicate

03/14/2012
When CNN ran a report in 2010 alleging pervasive bias in the Federal Air Marshal’s Service (FAMS), authorities braced for the worst. The good news: The resulting government investigation didn’t uncover widespread discrimination. The bad news: Investigators found that many FAMS employees believe they have been discriminated against.

Flat rate leads to lump-sum settlement

03/14/2012
A federal court has ordered Roseville-based Aspen Nursing Services to pay more than $210,000 in back wages and liquidated damages to 22 employees in Kentucky and Ohio.

OSHA finds violations at St. Cloud veterans facility

03/14/2012
St. Cloud Veterans Affairs Health Care System facility faces 19 health and safety violations after OSHA inspectors found eight repeat safety violations for such hazards as inadequate guardrails, blocked exit routes and failure to protect workers against electrical shocks.

Shocker: Class-action case doesn’t break the bank

03/14/2012
Not every collective or class-action case has to blow up into a multimillion-dollar nightmare. Instead, some judges are approving more modest settlements, if this case is any indication.