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Employment Law

Beware! Your ‘neutral’ rule may invite lawsuit

09/24/2010
So your work rules are fair and neutral. There’s no way employees belonging to a protected class would sue you, alleging the rule has a disparate impact. Guess again—it happens. Consider this recent case, which has resulted in years of legal wrangling.

Ensure fair distribution of work opportunities

09/24/2010

Does your company employ salespeople who are responsible for meeting certain benchmark goals? If so, be sure you have some way to check that everyone competes on an even footing. That includes ensuring that things like territories and leads are distributed in a way that doesn’t favor members of one group at the expense of another.

EEOC: Railroad had two disciplinary tracks–one for whites, one for blacks

09/24/2010
CSX, the Jacksonville-based freight railroad, faces racial discrimination charges after it disciplined a black train engineer and conductor working out of its Cincinnati yard.

Get it in writing: Creating effective and legal job descriptions

09/24/2010
Job descriptions are the cornerstone of communication between management and staff. Good job descriptions make sure bosses and employees alike know what kind of performance is expected. They’re the basis of every effective performance-appraisal system. At a minimum, a job description should include these elements:

How seriously should we take allegations of female-on-male sexual harassment?

09/24/2010
Q. A male employee recently complained to HR that a female co-worker was sexually harassing him. Do I have to investigate this claim the same as I would a claim by a woman against a male co-worker?

SeaWorld fined $75,000 in orca trainer’s death

09/23/2010
OSHA has cited SeaWorld Orlando for three safety violations following the death of marine mammal trainer Dawn Brancheau earlier this year.

Strike 3 for bill banning applicant credit checks?

09/23/2010

The California State Senate and State Assembly have approved a bill that would restrict the use of credit reports by employers that conduct background checks on job applicants and employees. But enactment isn’t a sure thing, based on the recent history of similar legislation.

After brief FMLA leave, can we request a second opinion to make sure worker is ready to return?

09/22/2010
Q. We have an employee returning from a leave taken under the federal FMLA and the California Family Rights Act. His physician has issued a fitness-for-duty certificate. However, we have doubts about the worker’s ability to perform his job … Can we send him to another physician for a second fitness-for-duty examination?

Accounting employee has filed for bankruptcy: Will we get in legal trouble if we fire her?

09/22/2010
Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?

Q&A: How the new federal contractor NLRA notice rules affect you

09/22/2010
Final rules are now in place for enforcing Executive Order 13496, the White House decree requiring all federal contractors and subcontractors to notify employees of their rights under the National Labor Relations Act. The following questions and answers cover some of the issues you may have to deal with.