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Employment Law

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

03/22/2012
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. In Illinois, 16.2% of workers belong to a union.

You don’t always have to terminate harasser

03/22/2012

Sexual harassment runs the gamut, from out-and-out assault to un­­welcome flirting. No sane em­­ployer would hesitate to fire someone who physically harmed a co-worker. But for less severe, isolated incidents, less drastic action may be reasonable—as long as it solves the problem.

Stamp out racially offensive graffiti ASAP

03/22/2012
Some forms of racial intimidation are so offensive that even one incident may be enough to create liability, unlessthe employer acts fast. Racially hostile graffiti is one example. If you don’t take steps to cover it and prevent recurrence, even one offensive tag can mean liability.

Warn bosses: Your snarky email could cost us a lawsuit

03/22/2012

It used to be that managers picked up the phone when seeking HR’s input on how to handle an employee problem. These days, they send an email. That can spell big trouble. Email, unlike a phone conversation, leaves a perfect record of what transpired. And courts don’t hesitate to use email as evidence.

How to make ‘no unauthorized OT’ policy work

03/22/2012
The first step to controlling overtime costs is to establish a sound policy forbidding unauthorized extra work for hourly employees. But a “no unauthorized overtime” policy is just the beginning. It’s what you do after implementing the policy that counts.

Interns fighting back: Must you pay them?

03/22/2012
A handful of high-profile legal disputes are shining a bright light on an often-ignored issue: Should employers be required to pay interns at least the minimum wage?

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.