• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

NLRB union poster on hold: Can we still post it?

05/29/2012
Q. We had the NLRB union-rights notice laminated and it is ready to be posted in our break room. Now the deadline is off. Can we still display it?

Facing an EEOC claim: Can we ‘stall’ it to death?

05/28/2012

Q. How is it possible to get out of an EEOC discrimination complaint if the employee has tape recordings to prove the claim? Can we prolong the process so the time can run out or is there no time limit in how long the EEOC waits for a position statement from us?

Long hair nets settlement in Taco Bell religious bias case

05/25/2012
A Taco Bell franchisee in Fayetteville has agreed to settle a religious discrimination lawsuit filed by the EEOC. The commission sued last year on behalf of an employee who had worked at the restaurant for six years before the length of his hair became an issue.

DOL takes tough stance on enforcing tip rules

05/25/2012
The U.S. Department of Labor has issued final regulations that specify that employees’ tips are their sole property, regardless of whether employers take the tip credit.

To win wage case, worker must do more than contest records

05/25/2012
If you keep good records of the hours workers put in, chances are you’ll be able to beat an employee’s claim that he wasn’t paid for all hours worked. He’ll have to show some evidence that your records are wrong.

Sexual orientation can be basis for discrimination suit

05/25/2012
In a case likely to be controversial, a federal court has allowed a bisexual/gay teacher to sue his principal for alleged sexual orientation discrimination. The teacher brought the claim under the equal protection clause of the U.S. Constitution.

Promises, promises: Well-intentioned words may send fired employee in search of an attorney

05/25/2012

Here’s a valuable tip when discharging an employee: Don’t make promises you can’t keep. It can lead to years of needless ­litigation and cost thousands of dollars in legal fees even if you win in the end.

Your best defense against meritless lawsuits: Proof that your processes are fair, transparent

05/25/2012
One of the best ways to stop merit­­less lawsuits dead in their tracks is to offer compelling evidence that you are a fair and equitable employer. If you can assure the court that you base your decisions on clear rules that are fairly enforced, you’ll win.

When handing out RIF pink slips, avoid age bias claims by offering good business reasons

05/25/2012
When a company reorganizes and consolidates several positions into one, the resulting reduction in force (RIF) may affect an older employee. The employee who loses a job may feel the real reason is age and that the employer took advantage of a RIF to eliminate older workers. You can structure your RIFs to avoid losing an age discrimination claim.

Workers’ comp claim? Resist urge to retaliate!

05/25/2012

The North Carolina Retaliatory Employment Discrimination Act outlaws discharging em­­ployees for filing workers’ compensation claims. It’s a protected activity. Equally illegal: Jumping the gun by firing employees before they ­actually fill out the workers’ compensation paperwork.