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Employment Law

Firing harassers is OK, even without formal company policy

Machine operator Louvenia Hall complained that a co-worker repeatedly harassed her. When the company investigated, it found that Hall had returned the favor by harassing him, too. The company’s solution: Fire …

You don’t have to accommodate bogus religious beliefs

David Cruz claimed that his religious belief as a Seventh-day Adventist prohibited him from joining a union. He complained to his employer about union practices and was fired at the union’s …

Assume that hostile work environment claims under ADEA will fly

A collector for a financing firm, who was over 40, complained about age-related remarks made by her manager. Nothing was done and the collector was fired, even though she had received …

Direct employee retirement inquiries to new Labor hotline

In the wake of the Enron debacle, the U.S. Labor Department has introduced a new toll-free number, (866) 275-7922, for companies and employees who have questions about their retirement …

Wage gap widens between men, women managers

A new government report could spark more claims under the Equal Pay Act. It says that not only do women managers earn less than their male peers, but the wage gap …

Job-bias complaints reach new high

A rash of recession-induced layoffs in 2001 helped propel job discrimination complaints to their highest level in six years, according to new data from the Equal Employment Opportunity Commission (EEOC). …

HIPAA health care privacy rules: They do apply to you

It’s a common misconception: Employers have been lulled into thinking that the strict privacy provisions of the Health Insurance Portability and Accountability Act (HIPAA) apply only to health care providers …

‘Hybrid’ pay plan can kill exempt status

A full-time home health care nurse in Cleveland was required to complete at least 25 patient visits per week, for which she was paid on a per-visit fee basis. She also …

Pregnancy bias: New census trends heighten your risk

If you’ve only semiunderstood the Pregnancy Discrimination Act (PDA) until now, it’s time to brush up. Reason: The 24-year-old law is spawning its greatest number of claims yet. (See chart below.) …

Indemnify a Noncompete? Not So Fast


Q. We want to hire an individual who signed a noncompete with his current employer. He asked us to indemnify him in the event his employer sues him. What are the legal risks associated with agreeing to indemnify him? —V.M., Virginia