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Employment Law

Is it permissible to ask women about gaps in their employment histories?

09/23/2008

Q. Can we ask female applicants about lengthy gaps in their employment histories? I’m afraid that doing so might make it look as though we are digging into personal or family issues that could lead to a claim of gender bias …

The New ADA: What It Means for Employers and HR

09/23/2008

The ADA Amendments Act of 2008—signed by President Bush Sept. 25 and taking effect Jan. 1, 2009—will require HR professionals to thoroughly review all policies and practices involving employment of people with disabilities. Here’s a run-down of the major changes under "the new ADA."

No translation needed for arbitration agreements to be valid

09/22/2008

You might worry that people who don’t speak English well won’t be bound by contracts such as arbitration agreements. If applicants or employees can’t read an agreement, it would seem logical that they couldn’t agree to the terms. You have little to fear …

It’s up to you to stay current on industry-specific regs

09/22/2008

It’s tough to keep up on all the latest changes in employment law. Busy HR professionals have to handle day-to-day problems and make sure new rules and regulations make their way into that routine. But it’s vital to be up to date on new regulations relevant to your industry. Otherwise, you could face extensive, expensive and needless litigation …

Was worker claiming harassment part of the problem?

09/22/2008

Employers are supposed to make sure that harassment doesn’t happen—and stop it if it does. But sometimes, the employee complaining the loudest may actually be part of the problem. If that’s the case, the responsible thing to do is to stop all the harassment, from all the participants …

Lavatory attendants, while not flush, will at least make minimum wage

09/22/2008

An investigation by the New York State Department of Labor (NYSDOL) revealed that lavatory attendants at county fairs in western New York, New Jersey and Connecticut were not only unpaid, but were forced to give 50% of their tips back to their employer, Portlock Maintenance Systems.

State looks to boost pension fund with hedge fund investments

09/22/2008

The New Jersey Department of the Treasury has received court approval to invest $9 billion of the state’s public employee pension fund in alternative investments, including hedge funds, in an attempt to improve performance in a sluggish market.

Prepare now for passage of the Employee Free Choice Act

09/22/2008

Employers must prepare themselves for the very real possibility that the Employee Free Choice Act (EFCA) will become a reality next year. If passed and signed into law, the EFCA would dramatically change the way unions organize workers and how unions and employers negotiate initial collective bargaining agreements.

Calif. Supreme Court upholds strict limits on noncompetes

09/19/2008

If California employers were looking to the state Supreme Court to loosen restrictions on the scope of noncompete agreements, they will be disappointed. The court just concluded that agreements restricting the ability to practice one’s profession are generally invalid …

Take fast action to investigate apparent rogue supervisor

09/19/2008

There’s no substitute for boots on the ground when it comes to protecting employees from supervisors with hidden discriminatory agendas. If you ignore the warning signs of supervisor bias and leave the “bad boss” in place, it’s probably just a matter of time before you find yourself responding to a lawsuit …