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Employment Law

‘Me-too’ evidence can show intent to harass

08/18/2011

Employees who are sexually har­assed at work can feel quite vulnerable, especially if they think they have been singled out for such treatment. When an employee finds out others have been treated just as badly, she may sue. Naturally, the employer’s attorney will try to exclude from evidence any incidents that occurred at other times or to employees other than the plaintiff. But now a California appeals court has permitted such “me-too” evidence.

Buying out business? Beware mass layoffs

08/18/2011
It’s a blow to companies intent on acquiring another business and replacing current employees with new workers: The California Supreme Court has ruled that local governments can pass “retention ordinances” that require new owners to keep existing employees, at least temporarily.

FMLA can’t be used for school-related absences

08/18/2011

The beginning of the school year finds many anxious parents needing to take some time off from work to deal with school issues. But the FMLA doesn’t cover employees who take time off for school visits or to care for kids who aren’t seriously ill but who must stay home from school. Follow our link to find out what state laws may apply instead.

HR CSI: Conducting a post-mortem of a legal claim

08/16/2011

If you’ve ever been caught up in an employment lawsuit, chances are you couldn’t wait for it to be over. Yet every case presents a valuable opportunity to prevent future problems and improve HR effectiveness by conducting an “autopsy” of the claim. Jathan Janove tells you how.

IRS & DOL should cooperate on misclassification cases, GAO says

08/16/2011
The IRS, through its Questionable Employment Tax Practices initiative, is successfully working with states on worker misclassification issues. However, one agency with which the IRS doesn’t work well is the DOL’s Wage and Hour Division, according to a GAO report.

OSHA may require you to record ergonomic injuries

08/12/2011

OSHA recently reintroduced the idea of a proposed rule that would require employers to report work-related musculoskeletal disorders (MSDs)—ergonomic injuries like carpal tunnel syndrome—on their OSHA 300 injury and illness logs.

What are the details on the new, proposed NLRB union election rules?

08/11/2011
Q. We are a union shop. We’ve heard the NLRB has new rules about unions. What do they involve and what do they require us to do?

Know 6 factors that determine independent contractor status

08/11/2011

Today’s tight economy has prompted many employers to try to reduce costs—including overtime—by classifying workers as independent contractors instead of employees. That hasn’t escaped the notice of the U.S. Department of Labor, which has stepped up efforts to deter misclassification.

Class-action lawyer to see how it looks from the other side

08/11/2011
File it under “Ironic.” A Chicago attorney whose firm specializes in filing class-action lawsuits is being sued by a group of six women who say he sexually harassed them.

Insensitivity alone doesn’t create a hostile environment

08/11/2011
Employees sometimes spot a pattern of outright hostility from a series of other­wise innocuous acts. That can lead to a hostile work environment lawsuit.