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Employment Law

Can I fire an employee who will miss work because he has been subpoenaed?

02/12/2010

Q. Do I have to allow an employee off work because he has been subpoenaed to testify in a friend’s divorce case? I would like to replace him if he misses work for more than a day or two.

Isn’t this illegal? I was just ordered to garnish one of my employee’s wages

02/12/2010

Q. We recently received a court order to garnish the wages of an employee who has failed to repay a student loan. I thought that the garnishment of an employee’s wages in Texas was prohibited by law. Is that no longer true?

May we conduct locker searches even if employees use personal locks?

02/12/2010

Q. Lately we have been concerned about workplace theft—both of our property and that of our employees. We would like to search our employees’ lockers, each of which is secured with a worker’s own lock. Is this legal? Do we need the employees’ consent?

Should we investigate? Worker may have been a victim of bias, but has yet to complain

02/12/2010

Q. We’re afraid one of our employees may have been subjected to discrimination here at work. However, she hasn’t filed a complaint. What should we do? Do we have an obligation to bring it up and investigate even if she declines?

Must we allow an employee’s ‘representative’ to sit in on investigative meetings?

02/11/2010

Q. We are a nonunion shop. One of our employees is currently under investigation for sexual harassment. He has asked to have a representative present during all meetings and interviews related to the investigation. Do we have to permit him to have representation?

Senate votes “No!” but Obama NLRB appointee could still force you to unionize

02/10/2010

The Senate on Feb. 9 failed to confirm labor lawyer Craig Becker’s appointment to the National Labor Relations Board (NLRB), but employer organizations fear it’s only a matter of time before Becker takes his board seat anyway. That could have an even greater effect on labor relations than the controversial Employee Free Choice Act. If Becker becomes a member of the NLRB, could your employees be forced to unionize against their will?

Democrats lose Senate supermajority: Where do unions go from here?

02/10/2010

With Republican Scott Brown’s stunning victory in a January special election, Democrats lost their filibuster-proof supermajority in the Senate. That shift has cast doubt on organized labor’s top legislative priority—the so-called Employee Free Choice Act. So is this the end of the EFCA? Probably yes—at least as it’s currently written, but it’s too soon to celebrate.

Follow 5 steps to make sure new GINA law doesn’t trip you up

02/09/2010

The Genetic Information Nondiscrimination Act of 2008 was enacted in response to concerns that insurers and employers could use results of genetic testing to discriminate against applicants and employees. Covered employers should consider updating their employment policies and practices to comply with GINA’s many technical requirements.

‘Anonymous’ harassment: How to respond when harasser is faceless and nameless

02/09/2010

In some cases, employees are harassed via scrawled words on a wall, voice mail messages or some other shadowy act. You may never be able to pinpoint the culprit, but you must still do something. Begin by opening an investigation, just as you would for any other complaint. Then remind all employees about your anti-harassment policies.

ADA: Accommodate fertility treatment, adoption

02/09/2010

Employees who suffer from an impaired ability to become pregnant are disabled under the ADA. Since childbearing is a major life activity, conditions that interfere with it qualify as disabilities. That means that employees who are infertile or have low fertility may be entitled to time off as a reasonable accommodation.