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Employment Law

AIG settles with Ohio pensions that claimed excessive losses

09/08/2009

Insurance giant AIG has settled a dispute with three Ohio public employee pensions for $115 million. All of  them claimed AIG, its top executives and related firms used anti-competitive practices and fraudulent accounting that led to massive losses for the pensions.

Messed up? ‘Fess up! Honest mistakes aren’t evidence of bias

09/08/2009

Sometimes, it’s best to just come clean. Even the best HR pros make mistakes when promoting or hiring employees. When that happens, and another employee sues, alleging that the hiring or promotion process was tainted by discrimination, it may be a good idea to admit that mistake to the court or the EEOC.

Exception to the rule: You can ask internal and external applicants different questions

09/08/2009

One of the cardinal rules of hiring is that you should ask all applicants the same questions. Even good rules can sometimes be broken—when it makes good sense. For example, if you have an open position and are interviewing both internal and external applicants, it’s perfectly logical to ask internal applicants different questions, since they’re already familiar with your operations.

Punish those who use ethnic slurs—whether it’s intended to offend or not

09/08/2009

Some employees aren’t very sophisticated—so unsophisticated they may use terms they don’t fully realize are offensive to others. But ignorance is no excuse: You can and should punish employees who use language that stereotypes or demeans co-workers.

Unionized workforce? There are some advantages

09/08/2009

Most employers want to stay union-free for obvious reasons, such as retaining direct control over wages and benefits. But it’s not all downside to have a union represent your employees; there are some advantages. One is that troublesome employees end up bugging their union reps about work problems instead of management.

Beware of pitfall when employee represents himself

09/08/2009

Employees who think they’ve suffered discrimination sometimes have a hard time finding a lawyer to represent them. Then, instead of accepting that maybe they don’t have a case worth pursuing, they file their own suits and try to represent themselves. Take those cases seriously.

Ohio nonprofit busy as wage theft complaints rise

09/08/2009

Several employee advocacy groups are reporting more complaints of workers not getting paid for work they have performed. Many of those complaining are undocumented workers who fear being deported. Advocates say they often have to persuade illegal immigrants that wage-and-hour laws cover them, too, and that they have a right to be paid.

New DOT rule means taking a real close look at drug tests

09/08/2009

In 2008, the U.S. Department of Transportation (DOT) changed its regulations for drug testing to include direct observation of return-to-duty and follow-up drug tests. DOT regulations require random drug testing of urine for commercial motor-vehicle drivers, and pipeline, airline, transit and marine employees.

Get it in writing! You need consistent, persistent documentation

09/08/2009

If I had to boil employment law into one overarching maxim, it would be this: Be fair and document everything, in case someone thinks you’re not being fair. If you doubt the importance of thorough documentation, consider two recent cases decided by the 6th Circuit Court of Appeals.

What’s my legal liability when a customer harasses my employee?

09/08/2009

Q. I own a themed restaurant where some employees dress in costumes to entertain the children. Last week, an employee complained that a “regular” grabbed her breasts through her mouse costume. Am I correct that I don’t have any responsibility because the groper wasn’t one of my employees?