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Employment Law

Borderline harassment worry? Take it seriously before it escalates into a lawsuit

03/08/2012
There’s a fine line between horsing around and true sexual har­­ass­­ment. But if you ignore that line—or guess wrong about whether a supervisor has crossed the line—you may find yourself at the mercy of a jury.

More union members in 2011, thanks to private-sector gains

03/08/2012

Changing economic conditions and favorable rule-making in Washington helped U.S. union membership in­­crease to 14.8 million workers last year, according to the Bureau of Labor Statistics. Texas has been immune to the spike, however. Just 5.2% of the state’s workers belong to a labor union.

Stop unpleasantness from becoming harassment

03/08/2012
When a work environment be­­comes toxic, employees may argue, call each other names and otherwise make work life miserable for others. Soon, it could degenerate into bullying. Let that continue, and you could be risking a lawsuit.

Survive EEOC crackdown on background checks, leave policies

03/08/2012
The EEOC received a record 99,947 charges in 2011. Given this sharp increase in charge activity, now’s a good time to review your personnel policies. Consider two EEOC enforcement trends: scrutiny of background checks and inflexible leave policies.

Obama’s 2013 budget boosts funding for enforcement

03/07/2012
President Obama unveiled a $3.8 trillion proposed budget for fiscal year 2013 that, according to an analy­­sis by the Littler law firm, “signals that employers are facing an expanded enforcement and regulatory activity by the federal agencies.”

Know your legal responsibilities for preventing retaliation

03/05/2012
Employers can minimize retaliation complaints by having fair policies and procedures governing employee discipline. Even in cases of egregious behavior, a suspension while the employer sorts out the facts may be the best approach. Supervisor training is key to stemming national origin, disability and religious discrimination complaints.

Required lactation breaks: How employers should comply

03/05/2012
The Affordable Care Act health care reform law requires employers to provide space for ­mothers to lactate. According to the latest available statistics, the DOL has cited a whopping 23 companies for failing to comply. What do the statistics mean? Either the lactation mandate is not yet widely known, but complaints (and citations) will rise as public knowledge catches up with the law’s requirements; or the lack of lactation space in American workplaces is a myth that never needed a legislative solution.

Two Ohio cases will test ‘ministerial exception”

03/05/2012
The U.S. Supreme Court’s decision earlier this year to uphold the “ministerial exception” that exempts religious institutions from having to comply with some employment laws has cleared the way for two lawsuits against the Archdiocese of Cincinnati.

Court: No unemployment for quitting to follow spouse

03/05/2012
The Court of Appeals of Ohio has let stand a decision that denied unemployment benefits to a woman who quit her job so she could move with her husband to California.

FMLA: It’s not your job to decide whether relative needs your employee’s help

03/05/2012
The FMLA provides leave for employees who need to care for seriously ill family members. Some employers argue that if several family members are providing care, they don’t have to approve FMLA leave if that means more than one family member would be present. That argument won’t fly.