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Compensation & Benefits

Lufkin ordered to pay $3 million in race bias suit

08/04/2009

A federal district court has ordered Lufkin Industries, the East Texas oilfield and industrial equipment manufacturer, to pay more than $3 million in back wages to a group of approximately 900 employees who claim they were victims of race discrimination.

What’s a bad firing cost? For one company, $4 billion

07/28/2009

Yes, you read right. Four billion dollars. Billion—with a “B”! A California superior court recently confirmed an award of $4.1 billion against a Chinese company, its U.S. affiliate and its founder after an arbitrator found them liable in a compensation dispute with a former executive.

More cost-sharing coming as health care costs rise

07/28/2009

Even after the economy recorded its worst contraction in a quarter-century, health care costs for the nation’s employers are expected to grow by another 9% next year, according to a new study. Employers say they plan to push more of the costs of insurance to their workers in 2010, while expecting greater responsibility from workers for managing their personal health.

How to legally manage pregnancy and maternity leaves

07/28/2009

When an employee announces she’s pregnant, it’s important for HR and supervisors to know what they must do—and what they can’t do (or say) under federal anti-discrimination and leave laws. Most employers must comply with the Pregnancy Discrimination Act and the FMLA. The ADA may apply if pregnancy complications arise.

What should we do? A contract refers to both ‘termination for cause’ and ‘at-will’ employment

07/27/2009

Q. We need to fire an employee who has an employment contract that limits termination without notice to “for cause” events. Must we abide by this provision if another provision in the contract clearly indicates that his employment is “at will” only?

A matter of policy: Doing 4 things right helps win lawsuits

07/27/2009

It’s a mantra that can’t be repeated too often: Develop a policy, communicate it to your employees, investigate when you learn of possible infractions and, if wrongdoing did occur, punish those who violated the policy. It’s refreshing to report on an employer that did everything right and emerged victorious from court.

What should I consider when updating our noncompete agreements?

07/27/2009

Q. The employment and noncompete agreements we have with our salespeople are several years old and appear outdated to me. May I require everyone to sign new, updated agreements?

Contract conundrum: Pay lawyer now, or pay employee later?

07/27/2009

Confusing contract language did not cost a New Jersey car dealer millions of dollars, but in this economy, who can afford to lose even a little?

Can a former employee demand that we pay her for unused vacation and sick leave?

07/27/2009

Q. A former employee is demanding pay for her unused vacation and sick leave. Must we pay her?

Punish employee if you uncover poor work during FMLA leave

07/27/2009

Some employees think that taking FMLA leave gives them complete protection from disciplinary action. That just isn’t so. For example, when an employee takes FMLA leave, her work may have to be redistributed. If, during that process, you discover that the employee had been doing a poor job, you can take disciplinary action against her.