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Employment Law

Union members can’t use ‘Public policy’ violation as basis for retaliation claim

12/01/2007

Ohio state law may provide limited protection for employees fired in violation of “public policy.” But as the following case shows, those cases are limited to at-will employees, not those who have the protection of union representation or a union contract. Such employees don’t need the same protection that at-will employees may need …

It’s not discrimination, it’s just part of the job

12/01/2007

For a decade, the Chagrin Falls post office allowed mail carrier Martin Tepper to take Saturdays off to observe the Sabbath. In 2002, under pressure from fellow carriers tired of working extra weekends, the U.S. Postal Service began scheduling him for Saturday duty. Tepper sued in federal court in 2004 claiming religious discrimination …

AK Steel uses VEBA to settle retiree health care lawsuit

12/01/2007

AK Steel settled a lawsuit with a group of retirees from its Middletown Works by transferring their health care coverage to a voluntary employees’ beneficiary association (VEBA) trust. The 4,600 retirees sued in 2006 after the company moved to cut retiree health care costs to improve its competitiveness …

Prohibiting salary talk

12/01/2007

Q. It has always been a rule in our workplace that employees’ individual compensation information is to be kept confidential and is not to be discussed with co-workers. I recently had to write up one of my employees for violating this policy. That employee told me that my rule prohibiting discussion of wage information is illegal. Is this true? …

Ohio minimum wage and part-Year workplace

12/01/2007

Q. We operate an outside recreational facility that is only operational for three months a year. Our attorney has advised us that we are not required to pay the current Ohio minimum wage or overtime wage rate as stipulated on the Ohio minimum wage poster. I thought that all Ohio employers were required to pay the minimum wage rate and overtime, and do not want to violate the law. Is our attorney’s advice correct? …

Wage-and-Hour compliance: How to win the numbers game

12/01/2007

Have you or any of your organization’s supervisors ever given the go-ahead to hourly employees to work through lunch so they could leave work an hour early for a special occasion? Sure you have. Who hasn’t? But know this: Every time you do it, you’re probably breaking the law …

Looking for a court fight? Crack down after worker complains

12/01/2007

Timing is everything, especially when it comes to retaliation. That’s why it’s crucial for supervisors and managers to understand: Once an employee has filed a complaint, don’t suddenly start enforcing rules you let slide before. If you do, the likely result will be a retaliation lawsuit …

Long-Ago acts can show pattern of ongoing harassment

12/01/2007

Here’s another reason to tell managers and supervisors that any and all sexual harassment must stop: Even if it has been years since an egregious act of sexual harassment, recent subtler incidents can revive the claim. That’s why it is important to stop harassment in its tracks—and then monitor the situation. You can do that by checking back with the accuser on a regular basis …

E-mails and messages may come back to haunt managers

12/01/2007

Increasingly, courts hearing discrimination cases order employers to turn over e-mails and text messages. These communications may include correspondence employees may have sent or received from clients and customers. One reason is that federal court rules on electronic discovery now require employers to retain vast amounts of information for use in litigation …

Use rational business reasons to justify RIF choice

12/01/2007

When employees lose their jobs, they naturally wonder why they were chosen. Employees who recently have complained about discrimination—real or imagined—often do more than wonder. They often jump to the conclusion that they have been fired in retaliation for complaining. That conclusion can lead to a lawsuit. Be prepared with solid and rational reasons why you chose the employee who got the ax …