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Employment Law

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.

Taking part-time job during medical leave isn’t misconduct

03/14/2012

Employees out on disability or FMLA leave sometimes need to supplement their incomes. Taking a part-time job within medical restrictions is one solution. That may seem disloyal. But firing the employee will probably make her eligible for unemployment benefits.

Know the difference between whistle-blowing and an employee looking for an excuse to sue

03/14/2012
There’s whistle-blowing and then there’s setting up one’s employer for a lawsuit. Genuine whistle-blowers are protected from retaliation. Those looking to make a quick buck are not.

OK to ask about employee’s ability to do job after returning from FMLA leave

03/14/2012
Some employees aren’t able to perform their jobs after returning from FMLA leave. Employers can certainly raise the issue with the employee and can even terminate the employee if she can’t do her old job.