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Employment Law

AK Steel to pay $175 million for Butler retirees’ health care

02/28/2011
AK Steel has settled a lawsuit brought by former employees of its Butler Works operation north of Pittsburgh after the company announced it would cut some retirement health benefits and begin charging premiums for others.

No adverse action? Then don’t fear constructive discharge

02/28/2011

Employees sometimes quit and claim they had no choice because work conditions were so terrible. Sometimes, they sue. In most such cases—the argument is called “constructive discharge”—courts side with employers, provided there’s no evidence the employee suffered an adverse employment action such as a transfer, demotion or pay cut.

Track every step in your promotion process

02/28/2011

Employees can be ungrateful. Sometimes, they’ll turn down promotion offers because the deal isn’t sweet enough—and then sue, alleging that low pay was evidence of bias. Win those cases by producing documentation of the entire promotion process, including how you set pay.

Welcome to HR Professionals Week: Monday, Feb. 28

02/28/2011
Welcome to HR Professionals Week, the second annual celebration of the people who make America’s workplaces productive, successful and fulfilling. Each day this week, we’re presenting a virtual gift basket of free skill-building training tools! Just click on the links to download!

Managing employees in remote locations? Insist they follow the rules, just like everyone else

02/25/2011

As more and more employees work from locations away from the main office, employers are finding it challenging to manage their workforces. In some cases, that may be so difficult that it doesn’t seem worth having remote workers, especially when an employee tries to take advantage of the distance and begins to ignore the rules. Don’t let that happen.

Be ready to explain male/female pay differences

02/25/2011

The Equal Pay Act requires the same pay for women and men doing the same work under similar working conditions and requiring equal skill, effort and responsibility. But the law provides several ways for employers to defend pay disparities. Wage differences can be justified if they are based on a seniority or merit system, or vary depending on the quantity or quality of production.

When manager recommends firing subordinate, investigate to make sure bias isn’t a factor

02/25/2011

If you don’t have a chance to personally observe an employee’s behavior, don’t rely solely on a supervisor’s termination recommendation. Instead, conduct an independent investigation to verify the supervisor’s claim. Otherwise, any employment decision based on that recommendation can be tainted by the supervisor’s hidden bias.

When employee sues for discrimination, be prepared to show your processes are solid

02/25/2011

Judges don’t want your job. They don’t see courtrooms as publicly funded HR offices, and will often try to defer to employer decisions as much as possible. That’s a huge advantage for employers. Capitalize on that by giving the court something to hang a favorable decision on. That something is often a clear and fair disciplinary process.

This year’s Supreme Court decisions make investigations a must

02/25/2011
In recent rulings, the Supreme Court clearly signaled its unwillingness to tolerate even the appearance of circumventing the nation’s anti-discrimination laws. Employers must have investigative procedures in place to help guide decision-making when an employee could be disciplined or terminated.

Made an FMLA mistake? Avoid liability by offering reinstatement, no strings attached

02/25/2011
The FMLA is a complicated law that can trip up even the most experienced HR professional. And sometimes it may not be apparent that an employee didn’t get the leave he was entitled to until after his legal complaint is in full swing. Fortunately, there’s still something you can do to cut the potential liability.