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Employment Law

Whistle-blower law insulates noncomplaining workers, too

02/12/2009

When two workers complained to two co-workers that their employer wasn’t providing protective gear while they installed insulation, it started a chain of events that led to their firings.

Bring domestic violence out of the workplace shadows

02/11/2009

Because the impact of domestic violence reaches deeply into a company’s culture, employers should reassess policies and make domestic violence an HR priority. Four sensible practices can help you help employees prevent domestic violence and lessen its impact.

It’s February, and love is in the air—or is it harassment?

02/10/2009

As Valentine’s Day draws near, it’s time to take a loving look at that everlasting HR worry … the office romance. Supervisor-subordinate relationships can spell real trouble, and it’s no solace if—at least for a while—the subordinate welcomed the boss’s advances. More cheerfully, there’s good news about where our priorities are these days.

Are you a target for union organizing? 6 questions to ask

02/06/2009

The Lilly Ledbetter Fair Pay Act that President Obama signed into law last week is just the beginning of what’s shaping up to be a wave of new pro-employee legislation from the current Congress and administration. Next up on the Congressional front-burner: the Employee Free Choice Act (EFCA), which would make it far easier for unions to gain certification. In this Congressional climate, organized labor is poised for rapid expansion.

Lilly Ledbetter Fair Pay Act

02/06/2009

HR Law 101: On Jan. 29, 2009, the Lilly Ledbetter Fair Pay Act took effect, making it easier for women and others to sue for pay discrimination that may date back decades. The law, retroactive to May 2007, liberalizes statutes of limitations on when employees can file such lawsuits. 

NYC settles sexual harassment lawsuit for $225,000

02/05/2009

A former secretary who worked for the New York City Department of Aging has settled her sexual harassment lawsuit against the city for $225,000. Auritela Santos claimed the department commissioner, who has since resigned, subjected her to sexual remarks …

Stop suits with standard job application process

02/05/2009

It’s crucial to handle all job openings the same. If someone doesn’t properly apply for a job, he can’t sue you for discrimination. If you have a clear process—and he knows about it—you can readily show he didn’t apply.

Document investigation to thwart harasser’s suit

02/05/2009

Sometimes, employers conducting harassment investigations find themselves in no-win situations, especially when there are conflicting claims and classic “he said, she said” scenarios. You risk a lawsuit if you fire the alleged harasser, most likely alleging some other illegal reason for your decision to terminate. The way to win these cases: Thoroughly document the investigation.

Ensure supervisors understand importance of documenting accommodations process

02/05/2009

The ADA requires employers to reasonably accommodate disabled employees and applicants. To decide what those accommodations will be, both sides are supposed to engage in an interactive process. If that process breaks down, a court will try to determine who was responsible for the impasse—and good records are key to winning that fight.

Be on guard for age discrimination suit if older worker offers to work for less

02/05/2009

Older employees who learn they might be laid off for economic reasons—especially those who have recently spoken with an employment lawyer—have begun trying an interesting tactic: They’re volunteering to work for less pay. Take those offers seriously.