- Prepare for Workers to Be Deployed: Four Things That All Oregon Employers Need to Know about Military Leave4.3.09
It is 4:15 on Friday afternoon. The office manager who led the rollout of your 2008 business plan and the sales rep who controls two of the company's top five accounts just resigned without notice to join a competitor.
Electronic technology in the workplace is changing rapidly, and those changes are generating new and distinct challenges for employers seeking to increase productivity and minimize disruptions to employees.
California employers face a challenging array of federal, state and local laws governing leaves. Due to the confusing nature of the rules that apply to these "layered" leaves, even the best-intentioned employers can make mistakes.
- Don't Get Caught With a Smoking Gun in Employment Cases: Ask Managers to Be Honest and Thoughtful When Giving Evaluations of Employees3.27.09
In the first quarter, new labor and employment laws already have tipped the scales of justice dramatically in favor of employees, leaving employers open to a spate of lawsuits and new unionization laws. And it appears there's more to come in 2009. These are developments you should know about and prepare for to protect your business from litigation.
In September 2008, the North Carolina Court of Appeals affirmed a decision in Williams vs New Hope Foundation, Inc., awarding the employee $36 in unpaid wages, an additional $36 as a penalty known as "liquidated damages," and costs and attorney's fees of $27,534.14
- Networking Web Sites Can Be Snares: Employers Should Weigh Pros and Cons Before Investigating Employees Online3.6.09
It is becoming increasingly common for employers to use social networking sites such as Myspace and Facebook to obtain information about current employees and job applicants in making personnel decisions. Many employers believe it is essential to do so in light of potential liability for negligent hiring and retention. Indeed, recent studies suggest that at least one in five employers use social networking sites to screen job applications and make personnel decisions about current employees. However, employers who use social networking sites in such a manner need to be aware of the potential legal risks and pitfalls.
The passage of amendments to the Americans with Disabilities Act (ADA) will result in massive changes for many employers. The new law, which took effect Jan. 1, requires human resources professionals, managers and business owners to adopt new policies and procedures for dealing with accommodation requests.
California and federal legislators are using President Obama's election and the nation's current depressed economic climate as support for a broad-sweeping employment law legislative agenda in 2009.
Handling employees' religious observances in compliance with federal law is not as simple as treating everyone exactly the same with no exceptions. In fact, a policy of treating everyone exactly the same can actually result in claims of religious discrimination!
This Valentine's Day, will some of your employees be celebrating the fact that they've found romance at the office? Love may be a wonderful thing, but in the workplace, it can put your company at risk. Employers should take proactive steps to insulate their companies from the liability that can arise from such relationships.
Sometimes good titles (and intentions) make bad law. Here's a case in point. A bill that has passed the U.S. House of Representatives and was expected to pass the Senate this week has been called "The Ledbetter Fair Pay Act."
When an employee leaves your company, will they take valuable information with them? Employees may come and go, but make sure the data stays put. Most managers think of protecting information only in terms of computer passwords and locking up laptops.
Two new employment-related legislative initiatives - the expansion of the Family and Medical Leave Act and the Employment Non-Discrimination Act - will significantly change the employment law landscape in 2009.
Whether you call it a reduction in force (RIF), a mass layoff, "rightsizing" or a scale back, letting go of employees is never an easy move. Besides the emotional strain and negative impact on morale that accompanies a RIF, employers need to tread carefully when laying off staff for fear of triggering an employment lawsuit.
Hospitals probably can expect to see more requests for accommodation from employees and potentially will have to provide more accommodations starting on January 1, 2009. On that day the amendments to the Americans With Disabilities Act ("ADA") become effective.
The Employee Free Choice Act - pro-union legislation that gets the most media coverage - is only one of the workplace changes that can potentially come to pass in the coming year with Barack Obama in the White House and a Democratically controlled Congress.
Competition in the global economy demands efficiency and increased productivity, while time off has become a higher priority for many employees.
Being a business owner comes with many responsibilities, including being held accountable if harassment is occurring at your workplace. Therefore, it is important to understand what harassment is and how to prevent it.
Holiday parties are designed to yield good spirits, and they can offer a welcome respite from the almost unrelenting bad business news. But office festivities that get out of hand can lead to real legal and morale problems for both employers and employees.
Blogs are booming. Most have nothing to do with the workplace, though disgruntled employees or ex-employees increasingly are using blogs to lash out at an employer, supervisor or co-worker or to post confidential information or trade secrets.
Some Houstonians who have been reading about the unionization at Cypress Fairbanks Medical Center by the California Nurses Association (CNA) may have thought this would give nurses more of a voice in running the institution and, therefore, lead to better care for patients.
- Meet the Union Organizers: Stealth Labor Campaigns May Be Coming to Such Right-to-Work States as Texas11.15.08
How often have you heard about all the things you can't do? "You can't fire him; you'll get sued for sure" or "If you write her up, she's just going to bring a claim against." If you are in business, you should be thinking about the risks involved. Here are the last five of 10 common - but often forgotten - pitfalls that lead to liability and lawsuits for business owners, as well as tips to help avoid them.
Here are the first five of 10 common - but often forgotten - pitfalls that lead to liability and lawsuits for business owners, as well as tips to help avoid them.
Your CEO just returned from a conference in London where he heard about this thing called "garden leave," and he asks you: Can a company require its key U.S. employees to give lengthy advance warning of their intent to resign, send them home as soon as they give notice, and prohibit them from competing in any way until the notice period expires?
This year's presidential election has captured the public's attention like no other campaign in recent history. And, even though the campaign may be headed into the home stretch, there's still plenty of time left to talk politics. With so much interest in the campaign and so many undecided voters, heated political discussions are everywhere. In the workplace, the overtones of race, gender and age that frame the historic 2008 political season give new meaning to the term "office politics."
E-Verify is the verification system run by the federal government that can be used to determine whether newly-hired employees are eligible to work in the United States. E-Verify is comprised of a large database of information about every eligible worker in the country. To use E-Verify, an employer simply logs onto the Web site and enters relevant information about a new employee into the electronic query system, and the system will immediately provide an eligibility clearance or a "tentative non-confirmation" result. If the result is not clean, the employee must follow up with the Department of Homeland Security (DHS) within eight days to straighten out the problem. If the employee cannot work out the situation, and the system provides the employer with a "final non-confirmation" of eligibility, the employer must either fire the employee or risk employing an undocumented worker and bearing the risk that accompanies that decision.
On July 1, 2008, Florida joined a handful of other states that have recently enacted laws expanding the rights of workers to possess firearms. Florida's law authorizes employees to keep lawfully owned guns locked in their vehicles while they are at work, even if the employees' cars are parked on company property.
- With the Increasing Interest in Blogs, What Issues Should Employers Be Aware Of in Addressing Its Employees' Blogging Habits?10.1.08
In light of the increased popularity of blogging, coupled with the fact that more members of Gen Y are beginning to enter the workforce, employers need to be prepared to deal with issues arising from this form of expression.
Given the high interest in this year's presidential election and the number of undecided voters, passionate political discussions are taking place everywhere, including the workplace.
- Paid Family Leave: Who Truly Benefits? Origins, Realities and What the Construction Industry Needs to Know10.1.08
First California, then Washington, and now New Jersey. These three states are currently in the vanguard when it comes to providing paid time off to employees to care for or bond with newborn or newly adopted children.
With the 2008-2009 Supreme Court term gearing up, let's take a quick look back at the previous term. From an employment law perspective, it offered employers several reasons to celebrate but, unfortunately, even more reasons to lament.
While it's been said that the Employee Free Choice Act will "restore workers' freedom," nothing could be further from the truth. Instead, EFCA eliminates employees' rights to cast a private ballot regarding union representation, which undercuts the principles at the heart of a democratic society.