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Employment Law

U.S. Supreme Court rules on arbitration agreements

05/23/2008
The U.S. Supreme Court has handed down an opinion that may have important ramifications for employers and others who use arbitration agreements to resolve disputes. Although technically not an employment law case, the decision sets some important limits on how arbitration decisions are appealed …

After learning of possible serious medical condition, what are our legal obligations?

05/23/2008
Q. An employee told us he has a bad hernia. He wants to wait a couple months to have the operation, since it requires six weeks’ recovery. He does some lifting in his job. Yesterday, he had to go home early because he was in pain. Now that we are aware of his condition, what’s our liability? And what should we do?

What should we include in a policy banning cell phone cameras?

05/23/2008
Q. I’m looking to create a policy regarding cell phones with photographic capabilities. Any suggestions? …

What to do about employee who takes long leaves for medical problems?

05/23/2008
Q. We’re a small business with eight employees. One employee frequently takes off for six to eight weeks with medical problems. She’s done this each year for the past three years. It’s a huge burden because very few people have her training, so we can’t hire a temp. How long do we have to allow her to disappear for weeks at a time?

Unions achieve first membership gains in 25 years

05/22/2008
The U.S. labor movement has been taking backward strides for several decades. But a new U.S. Bureau of Labor Statistics report says 12.1% of U.S. workers were union members last year, up from 12.0% in 2006 …

Confused about record-Keeping? DOL unveils online aid

05/22/2008
The U.S. Department of Labor last month debuted the FirstStep Recordkeeping, Reporting and Notices Advisor, an online tool that helps employers determine which record-keeping and notice laws apply to them …

Stable job history is a legitimate hiring criterion

05/22/2008
It’s OK to favor applicants who’ve proven they can stick with a job for a while. That’s not discrimination, as a recent court ruling shows. The key: Allow employees to explain job gaps. Then ignore those that could lead to a discrimination lawsuit … 

FMLA: You can request proof worker’s parent has serious health condition

05/20/2008
As “sandwich generation” employees begin caring for their parents in addition to their kids, you can expect more requests for FMLA leave to tend to mom’s and dad’s medical needs. The FMLA allows employee leave to provide parental care—if the parent’s medical condition actually qualifies for FMLA leave. A federal court says you can ask for medical certification.

Is HR protected for refusing to follow biased orders?

05/20/2008
What happens if management wants to fire or otherwise punish an employee for discriminatory reasons, and HR objects? Can an HR professional who is then fired for refusing to play ball proceed to file her own EEOC retaliation or protected-activity claim? Learn how this issue can affect your organization—and your own career.

Tell supervisors: No threats following unfair labor charges

05/19/2008
It’s understandable that managers and supervisors might get angry if an employee filed unfair labor practice charges against them. But how they respond may mean the difference between a reasonable resolution of the underlying complaint and additional charges—for retaliation and intimidation …