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Employment Law

What are the basics of complying with the new Genetic Information Nondiscrimination Act?

02/09/2010

Q. I read the article last month (“Follow 5 steps to make sure GINA doesn’t trip you up”) regarding the recent passage of the Genetic Information Nondiscrimination Act. What should we do to make sure that we are not violating this law?

Is English-only OK? We can’t understand what Hispanic workers are talking about

02/09/2010

Q. We have a number of Spanish-speaking employees. We can’t tell, but we suspect they sometimes make inappropriate comments in Spanish about our clients and other employees. Can we require these employees to speak only English when at work?

Employees filed job-discrimination complaints with EEOC in near-record numbers last year

02/05/2010

If you thought the 2008 spike in employee job discrimination complaints was a one-time blip, think again. During fiscal year 2009, U.S. employees filed 93,277 workplace discrimination charges with the EEOC. That’s the second-highest level ever, just below the FY 2008 record number of 95,402 charges.

Must vacation, sick leave be listed on pay stubs?

02/05/2010

Q. Our pay stubs currently list employees’ available vacation, sick and other leave hours. Our new software allows employees to log in and check that balance anytime. Can we eliminate that information from the pay stubs?

Quick settlements encourage more suits; sometimes you have to trust a jury

02/04/2010

Employers are often too eager to settle cases just to get out from under the possibility of a runaway jury. But caving in like that can make you a more tempting target for other employees. If you and your attorneys are convinced you didn’t do anything wrong, it may be best to trust a jury to hear the case and come to the same conclusion.

Annual checkup: Your top 10 employment law to-do’s in 2010

02/03/2010

As we enter a new decade, HR must pay more attention than ever to employment law issues. Reason: new laws taking effect, increased agency enforcement, more lawsuits spurred by a poor economy and an activist Congress. Here are 10 key trends and how to respond:

RIF? Make sure layoff decision-makers don’t know workers’ FMLA status

02/03/2010

Economic times remain tough, and businesses are still finding they have to cut costs to survive. And cutting costs often means looking at a possible reduction in force. In most organizations facing that difficult prospect, a team of managers has to decide where the cuts should be made and what criteria to use when making those cuts. Make sure the decision-making team doesn’t have access to information about FMLA usage …

Beware suspicious timing when taking action against employee undergoing medical treatment

02/03/2010

Here’s another good reason to meticulously track performance: If you end up firing or demoting someone without good documentation, you may end up in court. Bad timing alone could trigger a lawsuit if the employee engaged in some sort of protected activity just before the action.

In all promotion notices, include specifics about minimum job requirements

02/02/2010

It’s fairly common for promotion opportunities to attract lots of candidates—especially when the promotion offers a pay raise and the chance for additional job security. Don’t let that competition end in litigation. The best way to stay out of court: Be very specific about the minimum requirements candidates must meet to qualify for promotion.

Can I tell union organizers to hit the road?

02/02/2010

Q. If union organizers show up during the workday and demand to talk to my employees, can I tell them to get off company premises?