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Employment Law

Court blocks free appeal of frivolous claim

11/07/2011
When disgruntled applicants or former employees file frivolous lawsuits, they often act as their own lawyers in court. So-called pro se litigants can’t go far unless the court agrees to waive their court fees. To stop meritless cases from clogging up appeals dockets, more and more federal judges are refusing to waive court fees.

Your rules apply–even for employees preparing to sue

11/07/2011
Here’s another reason to have privacy and confidentiality rules: Em­­ployees who violate those rules in order to gather evidence for a lawsuit they have filed can be disciplined.

Prepare for lawsuit if you change hiring criteria in middle of selection process

11/07/2011
Employers, beware! If you ignore your posted job requirements to hire one applicant when another candidate meets all the minimum qualifications, you may find yourself being sued. Courts may conclude that you “pre-rejected” the most qualified candidate.

It’s up to you to ensure employees know how much FMLA leave they have left

11/07/2011
Employers can use several methods to calculate FMLA leave, including some that can get complicated. That’s one reason FMLA regulations require em­­ployers to let employees know how much leave they are entitled to.

Watch those pension funds–or watch the feds swoop in

11/07/2011

The federal government is suing the owners of a Columbus printing company and their pension plan administrator, claiming they all failed to execute their fiduciary responsibilities to employees. At issue is more than $400,000 in funds missing from two pension accounts set up for employees of Clark Graphics.

Check past reviews of all who seek promotion

11/07/2011
When a supervisor already knows who he wants to promote—and has also identified someone he definitely doesn’t want to get the job—he just may concoct a reason to explain his choice. But if that reason doesn’t jibe with the rejected em­­ployee’s past evaluations, trouble lurks.

When restoring soldiers to equivalent jobs, include any missed raises, promotions

11/07/2011
With more veterans returning from active duty in Iraq, Afghanistan and elsewhere, remember: Under the Uniformed Services Employment and Reemployment Rights Act, service members are entitled to reinstatement as if they never left for deployment.

Employer’s decision to lock doors on night shift leads to $62,000 fine

11/04/2011
OSHA standards require that employees be able to open an exit route door from inside at all times, without keys, tools or special knowledge. Last month OSHA slapped a supermarket with more than $62,000 in fines for locking all five exit doors during the night shift.

How to prevent costly FLSA mistakes with holiday pay & scheduling

11/03/2011

The time between Thanksgiving and New Year’s is a busy time for many HR departments. Questions regarding overtime, holiday pay and seasonal hires often arise. As long as you know the FLSA rules on holiday pay and holiday scheduling, you’ll skate through the season in good cheer.

Lawsuit insurance: Does your policy cover EEOC claims?

11/02/2011
If your organization carries employment practices liability insurance (EPLI), make sure your coverage includes claims made by the EEOC and all other such federal, state and local agencies. As Cracker Barrel learned, an EPLI umbrella policy may actually let in some rain … $2.7 million worth.