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Employment Law

What’s the cost of a few racist managers? $2 million

06/01/2006

In a recent EEOC race discrimination settlement, Cracker Barrel agreed to pay more than $2 million to 51 current and former employees because of supervisors’ actions at three of its Illinois restaurants …

Are Employee Protests a ‘Protected’ Activity?

06/01/2006

Recent immigration-related rallies have led many employees, mostly minority ones, to skip work on those days. That action sparked an important question in HR circles: How should employers react to unexcused absences caused by employees’ attending political protests? …

Feds Standardize Process for ‘Abandoned’ 401(k) Plans

06/01/2006

Each year, an average of 1,650 sponsors of 401(k) plans abandon their plans, often because the employer goes out of business or merges with another. When that happened, the U.S. Labor typically petitioned the courts to take control of the plan and distribute the 401(k) assets to employees. But new Labor Department rules streamline that process …

EEOC sends message with new guidelines on race, color bias

06/01/2006

The EEOC recently sent a powerful signal about its enforcement priorities when it published newly revised employer guidance on workplace race and color discrimination. The message: Employee complaints of race bias or color bias will be pushed to the top of the EEOC’s inbox …

Record-Keeping: Heed federal rules for discovery of e-mail, IMs

06/01/2006

American workers can access the Internet, e-mail, instant messaging and other forms of electronic communications from anywhere at anytime. While electronic communication helps people do their jobs, it also leaves a trail. A telephone conversation relies on the memory of two participants, but e-mail and IM discussions can be preserved for years to come. And, given the casual way so many people fire off e-mail these days, that can spell legal trouble for employers.

Capping Salaries Won’t Violate Age-Bias Law

06/01/2006

Q. I have a question about capping employees’ salaries when they reach the top of the pay scale. I’m concerned because the only employees affected are those with many years of service and who happen to be over age 40. Have we made a legal error? Some of the affected employees are angry and have mentioned discrimination based on the residual effect of the cap. —M.M., California

Paying for driving time depends on departure point

06/01/2006

Q. We have a sports reporter (an hourly employee) who is being sent to cover a state tournament. Should we pay for the time it takes her to drive to the event and back? —D.L., Washington

Apply good judgment to legal considerations

06/01/2006

Q. An employee left work on a Monday due to an illness. She called in sick Tuesday and Wednesday, but we heard nothing on Thursday or Friday. Our policy calls for termination if the employee doesn’t contact us within three days. We posted her job on Friday and decided to terminate her. On Monday, her fiancé called to tell us she was pregnant and had complications that led to a hospital visit. We got a note from her OB-GYN saying she’d been seen, but not indicating when she could return. What should we do to avoid any legal fall out? —K.A., New York

Must We Give Time Off for ‘Witness Duty’?

06/01/2006

Q. We have an employee who has been subpoenaed to appear as a witness in a criminal case. She obviously has no choice but to go. Are we required to pay her while she is off, or can we have her take vacation time or an unpaid leave of absence? —C.S., Pennsylvania

Interview notes can be a binding contract

05/01/2006
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