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Employment Law

How to work with GINA–the Genetic Information Nondiscrimination Act

03/14/2011
In late 2010, the EEOC published GINA regulations that provide employers with specific guidance concerning what information they may gather about their employees, how GINA interacts with the FMLA medical certification process and how any genetic information the employer obtains is to be treated.

Checklist: A practical guide to investigating workplace harassment

03/14/2011
The U.S. Supreme Court’s landmark decisions in Faragher v. City of Boca Raton and Ellerth v. Burlington Industries were a wake-up call for employers to take affirmative steps to prevent, detect and remedy unlawful workplace harassment. HR’s key tool for doing so: the internal investigation. When harassment rears its ugly head, here’s how to conduct your investigation.

Equal Pay Act

03/12/2011

HR Law 101: The Equal Pay Act of 1963 prohibits employers from paying different wages on the basis of gender for “equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions…” Female employees must also receive the same level of benefits as their male colleagues …

Firing meetings: Let workers talk; ‘zip it’ doesn’t work

03/11/2011

You’ve had it up to here. Now it’s time to fire a poorly performing employee. As you’re about to do so, the employee wants to tell you something. But you tell her to “zip it.” Nothing she says will change your mind. As this case shows, you better zip it yourself and listen. Here’s why …

NLRB: Pre-emptive firing to prevent employees from discussing pay and benefits is illegal

03/09/2011
In a recent case, the National Labor Relations Board ruled that employers unlawfully interfere with an employee’s rights if they terminate the person in anticipation that he might discuss working conditions with his co-workers in the future.

Wisconsin fight: End of labor unions or a new beginning?

03/08/2011
The stand-off between Wisconsin Gov. Scott Walker and state Senate Democrats over state employees’ collective bargaining rights has HR professionals and employment law attorneys watching with interest. Will it spell the end of organized labor or give a shot in the arm for an institution that has been fading fast in recent years?

Supreme Court: Check boss bias before disciplining

03/08/2011
The Supreme Court’s latest unanimous employment-law opinion found that two biased supervisors conspired to get HR to fire someone. The lesson is clear: HR must independently check supervisors’ disciplinary recommendations to ensure they have no ulterior motives.

Update job descriptions regularly to include new duties & essential functions

03/08/2011
Make sure you have job descriptions for all employees’ positions. Then keep those descriptions updated whenever the duties change.

Hug or a handshake: Which does your workplace embrace?

03/08/2011
Like people, some workplaces welcome huggers. Others prefer a smartly extended right hand. “To hug or not to hug” is the question … and here’s the answer.

Union membership below 12%, lowest in 70 years

03/07/2011
While unions have shown a resurgence in certain sectors, the overall percentage of U.S. workers who are members of a union dipped to 11.9% last year, according to the Bureau of Labor Statistics.