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Employment Law

Supreme Court OKs class-action waivers in arbitration pacts

06/13/2011
The U.S. Supreme Court has ruled that employers do have the right to include class-action waivers in their arbitration agreements. The court said the Federal Arbitration Act pre-empts any state laws that would try to nullify an arbitration clause that bars class-wide arbitrations.

What are the details on new FLSA regulations?

06/10/2011
Q. I’ve heard there are new Fair Labor Standards Act regulations coming. When do the final regulations updating the FLSA become effective?

With DOL cracking down, get employee classification right

06/10/2011
In the past year, the U.S. Department of Labor has renewed its focus on combating employee misclassification, and there has been a recent significant increase in the number of wage-and-hour lawsuits. In many of these cases, workers are challenging their designation as exempt employees under the Fair Labor Standards Act.

Feds issue new tip-credit pooling rules

06/10/2011
Employers are now free to set the percentage of employee tips that can be placed in a tip pool. In years past, several court decisions conflicted with the U.S. Department of Labor’s position restricting the amount of tips an employer could require to be pooled.

With chef in hot water, Lisle hotel settles bias suit

06/10/2011
The EEOC and the Hilton Lisle/Naperville Hotel in Lisle have agreed to settle a ­national-origin harassment suit filed by several Hispanic employees who worked in the hotel’s kitchen. The group will split a $195,000 settlement.

Don’t court lawsuit by allowing early clock-ins

06/10/2011
Beware if you allow employees to clock in early, but tell them not to start work before their scheduled start times. If early clock-ins are routinely unpaid, there may be a class-action lawsuit brewing.

Lost the window office? Sorry, that’s not retaliation

06/10/2011
Sometimes, after an employee has filed a discrimination complaint, it seems like anything an employer does is fodder for a retaliation charge. Fortunately, courts don’t always buy it, concluding that minor changes aren’t enough to dissuade a reasonable employee from complaining in the first place.

Chicago firefighters’ case burns on–focus still on allegedly biased promotion tests

06/10/2011
The litigation over promotion tests for Chicago’s firefighters is by no means over, despite a 2010 trip to the U.S. Supreme Court. The case is again working its way through the legal system—something that carries a lesson for all employers.

When misbehavior demands termination, it’s best to stick with one reason for firing

06/10/2011
Here’s an important reminder to heed when you must discipline employees: If an employee commits a major rule violation that justifies termination, rely on that reason alone. Resist the temptation to pile on additional reasons. It may make defending a lawsuit that much easier.

Can your practices withstand EEOC scrutiny? Use its standards to check hiring bias

06/10/2011
Even one employee’s complaint to the EEOC can launch a massive investigation into your hiring practices. That’s true even if the initial complaint didn’t strictly concern hiring. That’s why you must proactively look for inadvertent discrimination in all your hiring and employment practices. Don’t wait for the agency to come snooping.