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Employment Law

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.

Make agreements truly a last chance: It’s OK to forbid appeals or challenges

02/05/2009

If you want to give an employee one last chance to fly right, you can use a so-called “last chance agreement.” Such contracts can be used, for example, to set the terms for being drug or alcohol free and submitting to random testing. Last-chance agreements can even include tough terms

You can make disabled comply with dress, behavior standards

02/05/2009

Good news when it comes to disciplining disabled employees for breaking behavioral or dress code rules: You can and should hold the disabled to those rules, along with everyone else.

Court upholds ruling limiting mandatory paid leave for FMLA

02/05/2009

Sometimes, a union contract clashes with employment laws. It’s then up to an arbitrator to reconcile the two—and an arbitrator’s decision is rarely overturned on appeal.