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Employment Law

OFCCP: The most powerful agency you’ve never heard of

03/19/2012
The U.S. Department of Labor’s Office of Federal Contract Compliance Pro­­grams (OFCCP) monitors and enforces federal contractors’ compliance with the nation’s employment laws. Think of it as a parallel EEOC, but focused only on federal contractors. In many ways, it’s the most powerful government agency you’ve never heard of.

Government employees have limited privacy rights

03/19/2012
Public employees don’t lose all privacy rights just because they work for the government. But that privacy is subject to limitations.

Anonymous complaint? Investigate to get all details

03/19/2012

If you receive an anonymous complaint about a hostile workplace, launch an investigation right away. That way, if an employee later sues, you can easily compare what he said to the investigator with what he remembers now.

It’s your word against hers: Juries often decide if charges are trumped up

03/19/2012

If you get sued for retaliation by an employee who has previously filed a sexual harassment complaint, a jury will probably be suspicious of any discipline she received after complaining. Unless you can convincingly show the discipline you levied was deserved, a jury will have to decide if it was retaliation or legitimate punishment.

Beware defamation lawsuit after firing: Keep the reason confidential

03/19/2012

If you need to fire an employee for unethical actions, how you handle the termination may mean the difference between winning and losing a defamation lawsuit. Most important: Share information about the termination only with those who need to know about it.

EEOC plays hardball? Continue to negotiate

03/19/2012

The EEOC is supposed to engage in a conciliation process before suing employers for alleged employment violations. But sometimes the agency comes out with guns blazing, demanding a huge payment to settle a complaint. Some employers naturally respond negatively—and they may even walk away without further discussions. One employer recently did just that, and then tried to get a federal court to dismiss the EEOC lawsuit.

Track what happens to everyone on a PIP

03/19/2012
Here’s a tip if you use performance improvement plans (PIP) before termination. Track what happens to everyone who’s on a PIP. Note those who quit instead of facing discharge.

Union membership inched higher last year

03/16/2012
Shuffling economic conditions and favorable rule-making in Washington helped union membership rise in 2011 by 49,000 people, up to 14.8 million workers, says the U.S. Bureau of Labor Statistics.

Confidential comp: Can we ban talk of pay?

03/15/2012
Q. I’m confused about what we can do to restrict gossiping over pay. We think it’s nobody’s business and our pay rates are based on a number of factors. Can’t we tell new employees that we consider compensation levels confidential?

What are the criteria for unpaid internships?

03/14/2012
Q. We would like to hire a few college interns over the summer, but with our tight budget, I don’t think we can pay them. What rules apply to unpaid internships?