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Employment Law

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.

Hamilton’s Personal Touch in court over ADA allegations

03/04/2011
The EEOC has sued Hamilton-based Personal Touch Home Care, claiming it violated the ADA by failing to accommodate an employee who suffered from renal failure, chronic obstructive pulmonary disease and asthma.

Considering major plant closing? Determine who is entitled to WARN compensation

03/04/2011
The WARN Act forbids employers from implementing a plant closing or mass layoff until 60 days after employees have been notified they will lose their jobs. Employees on layoff status when the announcement is made are also entitled to receive warning. They’re also entitled to wage payments if, at the time of the notice, they reasonably expected they would be recalled to work.

EEOC: Cleveland’s Presrite was wrong not to hire women

03/04/2011
The EEOC is suing Cleveland-based metal forging company Presrite Corp. for sex discrimination, alleging the company has a long-standing practice of not hiring women.

Kasich takes gender identity out of Ohio’s bias policy

03/04/2011
Already under political assault for appointing an all-white cabinet, Gov. John Kasich raised hackles in Ohio’s gay community when he eliminated gender identity as a protected class for state workers.

FMLA isn’t carte blanche for all sick leave

03/04/2011

Some employees with chronic health conditions mistakenly believe that getting approved for intermittent FMLA leave means they can take protected time off anytime they feel ill. That’s simply not true. Intermittent leave can only be taken for illness, treatment or flare-ups directly related to a condition for which a health care provider has certified intermittent leave.