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Employment Law

Beware of a growing risk: harassment by customers

03/01/2006

Too many employers think harassment is a problem only when it’s an employee-on-employee thing. Recent court rulings prove that you can be held liable even when outsiders harass your employees. Taking action may cost you a customer, but courts say defending employees must come first …

EEOC Targeting Cases of Years-Old Discrimination

02/01/2006

Don’t think that an employee who quietly suffers name-calling for years can’t sue. Courts and the EEOC won’t be swayed by your argument that "he put up with it for 20 years, so how bad could it have been?" …

Make sure your physical tests gauge realistic demands of the job

02/01/2006

Any tests you use to screen applicants should relate to the job, and you must be prepared to prove that they do. If you can’t and a protected group of workers (e.g., women, minorities) tend to score poorly, you’re just asking for a lawsuit …

Pregnancy is no joking matter; ‘Prego’ is akin to a racial slur

02/01/2006

If your supervisors think little jokes about pregnancy and childbirth are nothing but harmless banter, set them straight. Use the following case to remind them that singling out pregnant employees is legally dangerous …

Beware false promises in handbooks; explain ‘what,’ not ‘why’

02/01/2006

Just the facts, ma’am. Your employee handbooks should clearly state your organization’s rules and benefits without including any excess or superfluous language. If you embellish the document with needless explanations, you may end up eating your words …

Hiring licensed applicants? Check for violations that revoke the license

02/01/2006

When hiring people who need to possess certain licenses, make sure you do more than just check that the applicant holds the license. Your application process should include a background check into any violations that could lead to a license revocation …

 

Nonunion worker’s pay complaint is protected activity under NLRA

02/01/2006

A new court ruling offers more reason to remind your supervisors to discipline employees based on objective work-based standards. Never punish employees for discussing compensation or job conditions with their co-workers …

EEOC restructuring may lead to more job bias lawsuits

02/01/2006

The EEOC last month began repositioning its field office structure, aiming to enhance its enforcement presence and improve customer service. The agency will reduce the number of managers in its field offices and increase front-line staffing for investigations …

States become key battleground in the minimum wage fight

02/01/2006

It may be the Year of the Dog on the Chinese calendar, but it’s shaping up to be the year of the "living wage" in many states. Already, 17 states and the District of Columbia have legislated higher minimums than the federal $5.15 per hour rate …

Interpret Military Leave Law in Most Employee-Friendly Way

02/01/2006

Due to widespread confusion over the federal military leave law, the Labor Department issued its first regulations that try to clarify the Uniformed Services Employment and Reemployment Rights Act …