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Employment Law

Your 10-point checklist for ensuring an NLRA-compliant handbook

03/16/2010
There are many good reasons to regularly review your employee handbook. But here’s another good reason to review and update your policies: A poorly written or overly broad handbook could result in unfair labor practices charges from the National Labor Relations Board. That’s true even if your workforce isn’t unionized.

DOL: Filing of Form 5500 goes all electronic

03/16/2010

The Employee Benefits Security Administration has converted to a total electronic system for online filing of the Form 5500 and the new Form 5500-SF. Filers must submit the annual form electronically through the so-called EFAST2 system at www.efast.dol.gov.

When bosses hook up with subordinates, sparks may fly … in court

03/12/2010

In today’s litigious society it’s best for employers to set some ground rules on office romance. Adopt an anti-fraternization policy that bans relationships between employees who hold a boss/subordinate relationship. But take note: Employees who aren’t involved in an affair with the boss won’t necessarily win a sex discrimination lawsuit if they don’t get the perks their co-worker got.

Workers ‘illegal’? You still have to pay them

03/12/2010

Employees can always sue if they haven’t been paid for their work—even if they’re in the country illegally and not eligible to work in the United States. Employers can’t use their undocumented status as an excuse for not paying minimum wage and overtime under the FLSA.

Don’t let employees guess about being fired

03/12/2010

Employees and former employees have just 300 days to file their initial EEOC discrimination complaints. But that countdown doesn’t start until the “adverse employment action” they want to challenge has occurred. That means that the moment employees know they have been fired, the clock starts ticking.

Sears finalizes record ADA settlement, worth $6.2 million

03/12/2010

A federal judge has approved a $6.2 million settlement agreement between Chicago-based retail giant Sears and the EEOC. The settlement comes after the commission determined last year that Sears’ policy of terminating disabled employees rather than negotiating reasonable accommodations violated the ADA.

Suspect sick leave abuse? Set strong policy to stamp it out–and allow legit FMLA leave

03/12/2010

Unplanned absences can disrupt even the best-run workplaces. Of course, you don’t want truly sick employees to come to work if they have some contagious illness. Nor do you want to discourage employees from taking legitimate FMLA leave. Your challenge as an employer: Craft and enforce an attendance policy that allows or even encourages legitimate sick leave use while discouraging abuse.

Rejecting job redesign for disabled employee? Document why it would be unreasonable

03/12/2010

Job restructuring is one of the reasonable accommodations listed in the ADA, and many disabled employees do ask for their duties to be modified as part of the reasonable accommodations process. If you reject such a request, be sure to document exactly why doing so would be unreasonable under the circumstances. You can use cost, inconvenience and anything else that might make drastically changing the job an undue hardship.

Use ‘no-reapplication’ clause to settle discrimination cases once and for all

03/12/2010

Some discrimination cases have a way of resurfacing even after you thought you had settled the matter. That can happen when the litigious employee reapplies for work. If you’re going to settle a case, consider including a clause that guarantees the former employee will never apply again. That might have been prudent in the following case:

No free-speech protection if job is to flag misconduct

03/12/2010

Government employees retain the right to free speech, and they can’t be punished for speaking out on matters of public importance. But if it’s part of an employee’s job to speak up, that protection doesn’t apply. Those employees are merely doing their jobs.