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Unionized or not, beware of ‘unfair labor practices’

10/01/2003
Issue: Punishing workers for protesting work conditions could constitute “unfair labor practices”, even if your work force isn’t unionized.
Risk: Defending an NLRA claim …

Know best days of the week to hire, fire and do evaluations

10/01/2003
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Privacy: Don’t open employees’ personal mail

10/01/2003
Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

You can’t outsource your WARN Act notice obligations

10/01/2003
If your company outsources HR tasks, don’t expect the outside provider to share the rap for a Worker Adjustment Retraining and Notification (WARN) Act violation, the law that requires certain companies …

To claim religious bias, worker must first voice need for accommodation

09/01/2003
A person’s religion is not like his sex or race, something obvious from a glance. That’s why Title VII imposes a duty on workers to provide fair warning of any employment …

Secondhand smoke leads to multimillion-dollar penalty

09/01/2003
If your workplace still allows smoking, consider this: A New York jury awarded $5.27 million to a sales director of a modeling firm who claimed that secondhand smoke subjected her …

Workers can’t claim self-defense as reason to ignore anti-violence rule

09/01/2003
As part of your anti-violence policy, include a clearly worded ban on physical and verbal abuse in the workplace, even if it’s in self-defense. Include descriptions …

FMLA doesn’t apply to workers who try to deceive you

09/01/2003
If you discover that one of your employees has either misused or lied about his leave under the Family and Medical Leave Act (FMLA), you’re well within your rights to fire …

Never assume pregnancy will affect employees’ ability to work

09/01/2003
Issue: It’s up to pregnant employees to decide if pregnancy or maternity will prevent them from performing their jobs.
Risk: Liability for up to hundreds of thousands of dollars in …

You can require mandatory overtime

09/01/2003

Q. A new employee has just informed his supervisor that he can’t work any overtime. Can we legally fire this person? —G.M., Virginia