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Employment Law

New EEOC guide could spur severance-plan gripes

08/20/2009

Departing employees who are asked to sign severance packages now have a new tool to discover if those packages comply with federal law. The EEOC just unveiled a new guidance document that is expected to cause more people to question their severance packages—either to HR or to a court.

The 7 biggest triggers to age bias claims … and how to avoid them

08/20/2009

The ADEA makes it illegal to discriminate against people age 40 and older in hiring, terminations, pay, promotions, benefits and any other terms of employment. Here are the key areas where age bias claims typically pop up:

Must we allow (or stop) Bible study at work?

08/20/2009

Q. An employee sent a companywide e-mail inviting employees to attend a morning prayer and Bible study prior to work that will be held on the company premises. Do we have to allow this (or do we have to shut it down)?

Same job, different pay: Is that legal?

08/20/2009

Q. We have two employees who have the same job title, job description and functions. We pay one a flat salary ($120,000). We pay the other a base salary plus a fixed rate for hours that are billable to the customer ($70,000, plus $20 for every billable hour). Can we do this or should their salary structures be identical?

Are we liable for injuries to the cleaning crew?

08/20/2009

Q. We employ a husband/wife team to clean our office. We pay them on a monthly contract basis and provide a Form 1099 at year-end. Would we be liable for an injury they might suffer while cleaning?

Reducing salaries: The impact on exempt status

08/20/2009

Q. Legally, is there a difference between exempt employees “volunteering” their time or being required to reduce their salaries (or work hours) during these slow economic times?

Must we allow (or stop) Bible study at work?

08/20/2009

Q. An employee sent a companywide e-mail inviting employees to attend a morning prayer and Bible study prior to work that will be held on the company premises. Do we have to allow this (or do we have to shut it down)?

Unions on the doorstep: EFCA compromise gains momentum in Congress

08/18/2009

As Congress returns from its August recess, look for a renewed push to pass a compromise version of the Employee Free Choice Act, a bill that’s been dubbed “the most sweeping pro-union legislation in the past 50 years.” The EFCA landscape is changing fast. Keep up with the latest by registering for our Aug. 27 webinar, Beyond EFCA: Preparing for the New Era of Union Organizing.

Porn on shared computer? Investigate carefully

08/14/2009

Your computer-usage policy no doubt prohibits visiting pornographic and other inappropriate sites. But what if someone surfs forbidden sites using a computer that an entire group of employees has access to? That makes it difficult to positively identify the guilty user. Your IT department can provide technical assistance so you can base your investigation and conclusions on facts.

When salesperson travels, where’s FMLA base?

08/14/2009

The FMLA applies to employees who have worked more than 1,250 hours and for one year—provided their employer has a staff of 50 or more working within 75 miles of the employee’s base. Typically, the base is where the employee reports. But what about a salesperson who travels over a set territory and works from home?