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Employment Law

Union wants nonmember employee names? Send opt-out forms so employees can choose

01/28/2011

When a union asks an employer for the names and contact information of employees who do not belong to the union, employers must first inform the employees of the request and give them an opportunity to object, according to a recent California Court of Appeal decision.

When contracting with temp or payroll services, make sure it’s clear who the real employer is

01/28/2011

Sometimes, it’s possible for an employee to have two employers. That’s often the case when a temporary service provides workers for a client, and both the temp company and the client exercise significant control over how and when the work is performed. But now there’s a new wrinkle.

New state law gives leeway on some meal, rest breaks

01/28/2011
The rules for meal and rest breaks just got a little more flexible for some California employers, following enactment of a new state law that exempts some construction workers, commercial drivers, security guards and utility workers from the state’s usual break requirements.

Apply harassment rules no matter who’s accused

01/28/2011
It’s not enough to have a sexual harassment policy. You had better be prepared to enforce it—no matter who is doing the harassing. In the following case, family ties cost a bundle for an employer that turned a blind eye to harassment.

No private ‘do-over’ if applicant flunks test

01/28/2011
Do you use standardized tests to determine if applicants meet the minimum requirements for a job? If so, remember this: An applicant who fails a fairly administered test (after receiving a conditional offer of employment) can’t go out and take the test privately and then demand reconsideration.

Give managers a refresher on retaliation risks

01/27/2011
Employee claims of job discrimination to the EEOC spiked above 99,000 last year, the highest total ever. On Jan. 11, the EEOC released more details, and those numbers yield three important lessons for employers:

Do we owe STD benefits to employee who has been terminated after FMLA leave expires?

01/26/2011
Q. Our policy is to run FMLA leave and short-term disability (STD) concurrently. The FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. Can we terminate an employee at the end of 12 weeks, when FMLA leave is exhausted? And, if so, do we end STD payments, since the employee has been terminated?

What are Pennsylvania’s breaks rules?

01/26/2011
Q. Is it mandatory for a nonexempt employee to take at least a 20-minute meal break after working a certain number of hours?

NLRB to decide: Are Facebook posts protected discussions?

01/26/2011
Let’s say one of your union employees has used her own computer to make negative comments about her supervisor on her personal Facebook page. Co-workers—Facebook friends of the employee—see the posts and start chiming in with further smears. Can you lawfully terminate these employees for violating your social media policy? Probably not.

Crothall Healthcare settles pregnancy discrimination claim

01/26/2011
Wayne-based Crothall Healthcare will pay more than $88,000 to settle a pregnancy discrimination claim brought on behalf of an employee working in Arkansas.