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Employment Law

Can we implement an anti-nepotism policy?

06/26/2009

Q. To prevent productivity and morale problems, we would like to adopt a policy stating the company will not hire the spouses of current employees. Would this be lawful?

Must we pay employees after an emergency forced us to close the office for a day?

06/26/2009

Q. We closed our offices for a day because of a phoned-in bomb threat, and we sent all our employees home. Do we need to pay them for showing up to work that day?

Don’t throw the book at fired employee–one good reason will suffice in court

06/23/2009

The more reasons you can dream up to fire an employee, the better. Right? Think again. Firing someone for one obvious rule violation will stand up better in court than a laundry list of petty transgressions …

Supreme Court makes it harder for employees to win age-bias lawsuits

06/23/2009

In an important employer victory, the U.S. Supreme Court ruled in June that for employees to successfully bring Age Discrimination in Employment Act (ADEA) lawsuits, they must now show that age discrimination was the cause—not just one of several possible contributing factors—of their termination or other adverse job action.

Minimum wage rising to $7.25; Obama calls for $9.50 by 2011

06/22/2009

Two years ago, Congress passed a three-step boost in the federal minimum wage. On July 24, the last of those increases takes effect, rising another 70 cents to $7.25 per hour. President Obama has advocated increasing the federal wage floor to $9.50 per hour by 2011.

Are Facebook postings private? Bosses and workers disagree

06/22/2009

Managers and employees have opposing views of privacy when it comes to employees’ off-duty postings on social networking sites, such as Twitter and Facebook. In a recent Deloitte survey, 60% of executives said they have a right to know how employees portray their companies online, but 53% of workers said their off-duty posts are none of their employers’ business.

Take and retain notes on salary negotiations

06/22/2009

In a free-market system, it sometimes takes extra money to entice an applicant to jump ship. But sometimes that causes an existing employee to earn less than a new employee who holds the same job. If that existing employee belongs to a protected class, she may fire off a pay discrimination claim. That’s when interview notes documenting the salary negotiations come in handy.

Stick to your story: Don’t shift explanation for termination

06/22/2009

One of the most legally dangerous things you can do after you terminate an employee is change the reason for ending the employment relationship. Instead, decide on a defensible rationale at the time of the termination. Document that decision and all the supporting evidence. Then remind execs and supervisors to stay on script.

You can discharge disabled employee if there’s no way to know when she’ll return

06/22/2009

Employers don’t have to provide a disabled employee with an indefinite leave of absence when the employee has a medical emergency and doesn’t know how long it will take to return to work. As long as the employee isn’t covered by the FMLA (in which case, she would be entitled to 12 unpaid weeks of leave), you can terminate her without violating the ADA.

Consent doesn’t mean it wasn’t sexual harassment

06/22/2009

Employers sometimes mistakenly believe that consensual sexual activity between a subordinate and a supervisor isn’t sexual harassment. That’s simply not the case. Fear or threats of losing one’s job can be enough to force an employee to “consent,” but agreeing to participate doesn’t rule out a later sexual harassment lawsuit.