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Employment Law

Employer beats EEOC in credit-history fight

06/07/2011
The EEOC has been pushing the idea that using credit reports to screen job applicants may discriminate on the basis of race—and it’s actively pursuing cases in federal court. But now an Ohio federal court has limited the scope of a class-action lawsuit after the EEOC wanted to include many years of hiring history.

Which of the following issues causes the biggest problems in your organization?

06/07/2011
When it comes to HR headaches, our readers say employment law issues take a back seat to run-of-the-mill gripes and clashes between co-workers.

Hey, boss, call HR! Warn managers: Don’t fix complaints informally

06/07/2011

When supervisors hear someone complaining about sexual or other harassment, they may be tempted to blow it off or tell the co-workers involved to stop it. That’s not good enough. To prevent a successful employee lawsuit, you must impress on first-line supervisors and managers that it’s their responsibility to report any sexual harassment complaint to HR or other appropriate company official.

How not to handle FMLA leave (Hint: Following the law isn’t optional!)

06/07/2011

Sure, it’s inconvenient when employees need to take FMLA leave. But you can’t tweak FMLA policies just to suit your operational needs. If you try it, prepare to get out your checkbook. Your employee will have a slam-dunk case to bring to court.

Bipolar worker making threats: Accommodate or terminate?

06/07/2011

In the past few months, several Holly­wood celebrities—including Cath­erine Zeta-Jones and Demi Lovato—have publicly announced they suffer from bipolar disorder, a mental illness defined by high and low mood swings. But what if a bipolar employee ex­­hibits threatening behavior—can you discipline her, or must you accommodate the disability?

Your 10-point checklist to ensure an NLRA-compliant handbook

06/06/2011
A poorly written or overly broad handbook could result in unfair labor practices charges from the National Labor Relations Board. That’s true even if your workforce isn’t unionized. Review your handbook for policies relating to the following 10 “red flags” that attract the NLRB’s attention.

Make work safe for older employees (and everyone else, too)

06/03/2011
As an employer, you want to eliminate accidents. But paying particular attention to the U.S. Centers for Disease Control and Prevention’s safety recommendations for older workers should make your workplace safer for everyone.

Bias lawsuit? Instead of settling or litigating, move to dismiss

06/03/2011

Does this sound familiar? An employee you fired for cause is either unable or unwilling to accept responsibility for poor performance and files a lawsuit claiming unlawful discrimination. The pending litigation forces the em­ployer into a sticky dilemma …

Feds issue new tip credit pooling rules

06/03/2011
Employers are now free to set the percentage of employee tips that can be placed in a tip pool. In years past, several court decisions conflicted with the U.S. Department of Labor’s position restricting the amount of tips an employer could require to be pooled.

Lawsuit alleges $5 million grope in NYC HR office

06/03/2011
A woman who used to work for New York City’s Human Resources Administration has filed a multimillion-dollar lawsuit against a former supervisor she says drunkenly fondled her. The city agency and the union that represents agency employees are also named as defendants.