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Employment Law

Court OKs forfeiture of retirement benefits

12/13/2010
Public employees who retire from their jobs and start receiving retirement benefits under the state plan can’t count on that pension if they are later convicted of violating the public trust while they were employed by the government.

Firing employee? Require the presence of at least 2 managers during discharge meeting

12/13/2010
Unfortunately, many lawsuits come down to one person’s word against another’s. That’s powerful incentive for a company rule requiring at least two managers to participate in any discharge. Reason: They can back each other up.

Courts crack down on lawsuits against entities not named in EEOC complaints

12/13/2010

Eventually, your organization will be blindsided by a discrimination lawsuit that seems to come out of nowhere. In fact, it may hit years after the alleged bias occurred. That means you may long ago have discarded the documents that could clear the company. But courts are growing impatient with employees who launch such sneak attacks, as this recent 11th Circuit decision shows.

Whistle-blowing test: Did employer break law?

12/13/2010
Employees who report concerns that co-workers are breaking the law may view themselves as whistle-blowers—and may believe that makes them untouchable if they themselves have done something wrong. Not true!

Regularly review wage-and-hour compliance

12/13/2010

When an employee hires an attorney, you can bet that the lawyer will go looking for as many legal claims as possible. And high on the list of possible claims are wage-and-hour matters. That’s how something as simple as an unemployment compensation consultation can wind up turning into a major lawsuit.

2 Bensalem facilities closed after labor talks break down

12/13/2010

Express Scripts will close a second Bensalem facility on Feb. 1 following a union rejection of the company’s final contract offer to employees at the mail order pharmacy. Added to a Dec. 16 closing of another prescription-processing plant in Bensalem, the second shutdown means Express Scripts has shed 992 jobs in Pennsylvania.

Make choice up front: Employee or contractor

12/10/2010

Adding staff? Decide before you hire whether you want an employee or an independent contractor. Under the FLSA and some states’ laws, you must pay overtime to nonexempt employees—not so for independent contractors. Make the employee-or-contractor call well before you bring someone on board. Don’t assume you can make the designation later.

What are the rules on personnel files? An employee keeps asking for access

12/09/2010
Q. We have an employee who frequently asks to review his personnel file. How often are we required to allow an employee to review his personnel file? How often do we have to make sure it is up-to-date?

Can we prohibit texting at work based on the Supreme Court’s recent Quon decision?

12/09/2010
Q. What lessons should employers take from the Supreme Court’s decision in City of Ontario v. Quon? That’s the case about the texting police officer. We want to ban personal texting at work.

Does USERRA cover part-time employees?

12/09/2010
Q. Are part-time employees covered by the Uniformed Services Employment and Reemployment Rights Act? We have a part-time employee who frequently takes time off for National Guard training and was even called to active duty in Iraq last year. He wanted his job back plus the raise others got while he was gone.