Recent mergers and acquisitions and a volatile economy have prompted reductions in workforce. Although employers are familiar with the exposure associated with an individual termination, layoffs affecting two or more employees can present additional legal pitfalls.
As we move into the second part of the year, union organizing appears to be down in South Carolina. This is good news for South Carolina economic development and for employers needing to work directly with their employees to respond to the current economic challenges.
Pre-negotiation planning and due diligence are critical to the success of a transaction from both the buyer's and the seller's perspective. Both the seller and buyer will need to be concerned with any successorship obligations imposed by operation of law.
Now that employers are developing cultures that require leaner management, supervisors are being called on at times to make chancy personnel decisions. That can put your business at risk if you have an untrained supervisor who is unfamiliar with the counterintuitive aspects of the law.
Originally the FLSA, which was passed in 1938, was designed to urge Depression-era bosses to hire more employees. However, as the workplace has shifted from manufacturing to services, the law's archaic "white collar" exemptions, which were last updated in 1949, have failed to keep pace.
On Tuesday the president of the Georgia AFL-CIO wrote that the Employee Free Choice Act, which is at the forefront of the Democratic agenda this election year, would "restore America's workers' freedom to choose to come together to bargain for a better life" ("Put unionizing power back in workers' hands," @issue).
Your company receives a letter from a woman claiming that one of your employees is using her social security number. The woman provides a copy of a letter from the IRS showing that your company has reported wages using her social security number since 2005. What should you do?
The types of information unscrupulous individuals or competitors seek are client lists, financial data, research and development work, merger and acquisition plans, and unannounced product specifications and prototypes.
I am a management-side labor and employment lawyer. That means I actually defend those scalawags accused of sexually harassing their employees, discriminating against them on the basis of race or age, or refusing to employ them because of their disabilities.
Small businesses that implement employee wellness programs are to be commended. These businesses must be aware, however, that the design of wellness programs must comply with new legal requirements under the Health Insurance Portability and Accountability Act (HIPAA).
If an employee complains about discrimination or harassment, you need to treat that worker with care. Otherwise, you run the risk of a retaliation claim. To establish a retaliation claim, employees need to show only that they complained of discrimination or harassment and you tool some adverse personnel action as a result.
Summer is approaching and company sponsored picnics and softball games are just around the corner but so are liability issues for employers who are holding these gatherings. From impaired driving accidents to sexual harassment charges or worker's compensation claims, events involving over-the-top partying can expose employers to serious risks.
America's obsession with sports is nothing new. The loss of productivity during a fantasy sports season will cost the U.S. economy an estimated weekly $1.1 billion.
FRD stands for "family-responsibility discrimination." It doesn't represent a new kind of discrimination law, but it does encompass the growing number of cases that deal with issues involving employees' family responsibilities such as child-rearing, pregnancy, breast-feeding, sick children and paternity.
A working foreman just put in another 10-hour day without a lunch break. That makes it a 50-hour workweek for him. But he's well compensated, and he's on salary.
The U.S. House of Representatives recently passed a revised version of the National Defense Authorization Act, which was intended to address concerns over litigation surrounding the war.
Wage-and-salary policies and procedures must be continually checked and, if need be, updated to ensure your company is in compliance with the law.
- Welcome to the Team! Formal Programs That Orient New Employees to the Workplace Pay Dividends in Productivity and Retention3.3.08
A recent study of human resources professionals showed that while employers generally use structured selection processes to help them avoid hiring mistakes, nearly half of them don't have an existing infrastructure for orienting employees once they're part of the team.
Many employers desire staffing procedures that simultaneously identify high-quality candidates and help them acquire a diverse workforce. Hiring high-quality candidates is essential for maximizing individual job performance and economic utility.
Employers should consider their employee handbook as a management communication tool, not as merely a document for strict legal compliance. As such, the handbook should positively reflect the values of upper management and create an employee friendly environment.
To paraphrase an old adage, ignorance of blog law is no excuse. Blogs are booming. employees are now using these Internet diaries to broadcast information and opinions worldwide. Inevitably, some of those employees will post hostile, false or confidential information about their employers and fellow employees.
Can a so-called "love contract" between an executive and a peer or subordinate employee who willingly enter into a romantic relationship save an employer from liability for harassment and retaliation claims, disastrous adverse publicity, untold workplace disruption, and attorneys' fees?
- Top 8 Employer Do's and Don'ts for 2008: Why Discussing Politics in the Workplace is Just, Well, Bad Politics2.7.08
The diversity of the candidates and emotion behind many of the issues up for vote makes this election particularly sensitive in the workplace. This creates a highly-charged environment in which discussions that may be mistaken for free speech under the First Amendment can actually open up a Pandora's box of legal concerns.
Many, if not most, of today's young adult job seekers have established personal pages on sites such as Facebook, MySpace, Xanga and LinkedIn. Seemingly without qualms, they make information about themselves available to anyone who surfs the Web.
When an employee is fired, employers often worry the termination decision will end up under the microscope of litigation. Instead of having an employment dispute resolved in court, employers should consider adopting an arbitration policy that substitutes an arbitration hearing for a courtroom trial.
Theft of employee data can result in embarrassment, loss of employee morale and substantial expense for an employer. New laws and regulations are changing the way companies must safeguard personnel and other confidential HR files and information.
Employment law is fickle, affected by election-year politics, new legislation, court decisions, societal trends, the state of the economy, and media and cultural events. Nevertheless, I'm willing to take a crack at an employment law forecast for 2008.
A flurry of articles followed the Occupational Safety and Health Administration's (OSHA) Nov. 17, 2007, release of the long awaited final rule on payment for employee personal protective equipment (PPE).
The repercussions of making poor hiring decisions go beyond tarnishing a company's name - the wrong employee in a job can decrease productivity and company morale, leaving fellow employees to wonder why they're required to pull more than their fair share of the weight. It becomes a cancer that spreads throughout the organization.