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Employment Law

Supreme Court: Collective-bargaining agreements can force workers to arbitrate discrimination claims

04/17/2009

Siding with employers, the U.S. Supreme Court recently ruled that union contracts could bind employees to arbitrate discrimination claims under federal law. The court ruled against a group of fired night watchmen in New York who wanted to pursue age discrimination lawsuits in court.

Requiring employees to undergo health-risk assessments could violate the ADA, says EEOC

04/17/2009

The EEOC recently said that employers should not require employees to take health-risk assessments in order to obtain health coverage through the employer. Such tests could violate the ADA’s rules against disability-related inquiries.

Study: When workers leave, so does company data

04/17/2009

More than half of employees (59%) who lost or left their jobs in 2008 took company data with them, according to a study by Symantec and the Ponemon Institute. Of those who admitted taking data, 61% had an unfavorable view of their former employers.

Unholy trinity: 3 employees for the price of 1

04/17/2009

Soon after Gary Lizalek was hired at a Wisconsin medical firm, he informed the company that he believed, as a matter of religious faith, that he was three separate beings. The company fired all three Lizaleks. He sued, saying the company failed to accommodate his religious beliefs.

In interviews, be wary of using ‘points only’ scoring system

04/17/2009

Do you assign points or scores to rank candidates during their interviews? If so, do you explain in writing why the applicant received each score? A new court ruling says you’d better back up those numbers with an explanation or you might just lose points in front of a jury if you’re sued for discrimination.

The HR I.Q. Test: May ’09

04/17/2009

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

How to respond to an EEOC complaint: 10 steps to success

04/17/2009

The EEOC and state and local agencies have been filing more administrative charges in recent years. As the recession deepens and more people lose their jobs, that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly. These 10 tips will help you prepare to respond:

Secretly recording co-workers: A firing offense?

04/17/2009

Q. Some employees discovered that a co-worker has been secretly recording conversations with them and a supervisor. They’re complaining about the invasion of privacy. The company president’s first reaction was to have the employee arrested, but I’m not sure he broke any laws. Should we contact police?

The impact of partial-day absences on exempt status

04/17/2009

Q. We have a policy that allows exempt employees to take partial days off and have the balance of the day charged against their accrued vacation time in two-hour increments. I have concerns that this arrangement—despite the fact the exempt employees are getting their full salaries—could appear that they’re being treated as hourly employees, thus jeopardizing their FLSA exemption status.

Must we call back laid-off workers first?

04/17/2009

Q. Are we required to call back an employee who’s been laid off? The person wasn’t a responsible employee and called off often. Are we obligated to call the person back to work if we have an opening, or are we eligible to hire someone else?