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Employment Law

HR handles all transfers? Beware ERISA violation risk

05/02/2008
HR is usually the first to know when an employee files an ERISA complaint or lawsuit. Since HR also typically handles transfer, hiring and promotion paperwork, that can put the company at risk for a retaliation lawsuit …

No second opinion? You can challenge FMLA leave later

05/02/2008
What if you want to challenge an employee’s FMLA certification later—after you find out he’s been working elsewhere while on FMLA leave, for example? Are you stuck because you didn’t ask for a second or third medical opinion?…

To avoid negligence liability, set strict control rules for contracted labor

05/02/2008
Employees who are hurt at work can collect workers’ compensation but generally can’t sue their employers for negligence. The workers’ compensation law makes employers immune from such additional lawsuits. But what if you contract with another company to provide on-site labor and someone gets hurt? …

You don’t have to tell applicants how you’ll screen for interviews

05/02/2008
Employers don’t have to tell applicants exactly how the hiring process works—for example, how you sort applications, evaluate candidates for possible interviews and make job offers. Just make sure that everyone in the HR office who handles applications knows what the rules are …

State AG Office embroiled in sex scandal

05/02/2008
Ohio Attorney General Marc Dann has placed Anthony Gutierrez, his office’s director of general services, on leave during an investigation of sexual harassment complaints by staff members Vanessa Stout and Cindy Stankoski …

Rival unions come to blows over recruiting nurses

05/02/2008
Officials of the California Nurses Association (CNA) have sought a restraining order against members of rival union Service Employees International Union (SEIU), accusing them of stalking and harassing them. The two unions are engaged in competing efforts to represent Ohio nurses …

Feeling poor? It could be worse: At least you’re not a reporter

05/02/2008
U.S. Sen. Sherrod Brown has expressed support for a union of editorial workers seeking a new contract at the Dayton Daily News. Union members took to the streets in April after the newspaper announced plans to deny part-time workers affordable health care and freeze wages …

Renhill Staffing pays for discrimination that ‘Didn’t happen’

05/02/2008
Perrysburg-based Renhill Staffing Services has agreed to pay more than $580,000 to settle an EEOC lawsuit alleging age and race discrimination. The lawsuit accused the recruitment and temporary services firm of failing to refer blacks and people over age 40 for job openings …

Get ahead of the curve by offering anti-Gay bias training

05/02/2008
Ohio may soon join other states in outlawing sexual orientation discrimination by private employers. It may be time for employers to rethink their employment discrimination policies and include sexual orientation. One good first step is to include anti-gay discrimination training in your regular anti-discrimination program …

FMLA protection can be triggered by ‘Potential’ of serious illness

05/02/2008
But does the FMLA cover leave taken by an employee who thinks he has a serious condition and needs some tests to check it out? Yes, it does. That’s why employers should never discipline or fire employees while they’re in this “limbo” medical stage …