• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Labor alert! The NLRA can apply to nonunion employers, too

02/16/2010

You’re probably familiar with the legislative fight brewing over the proposed Employee Free Choice Act. That debate has spotlighted a fact many employers don’t realize: Nonunion employers must comply with requirements of the National Labor Relations Act. To help you comply, here are the major traps to watch for.

Fed contractors will have to post ‘right to unionize’ notice

02/16/2010

New regulations will require organizations with federal contracts worth $100,000 or more to post a notice outlining employee rights to organize and stating the federal government’s policy encouraging union membership. For more information, visit www.dol.gov/olms.

New studies tarnish the image of color-blind and race-blind judges

02/16/2010

Here’s something to consider the next time you’re pondering whether or not to settle an employment lawsuit: A pair of new studies say that a judge’s race and gender can make a huge difference in the outcome of the cases he or she hears.

Senate votes down pro-labor NLRB nominee, employers still worried he’ll gain seat

02/16/2010

The Senate on Feb. 9 failed to confirm labor lawyer Craig Becker’s appointment to the National Labor Relations Board, but employer organizations fear it’s only a matter of time before Becker takes his board seat anyway. President Obama could invoke his Constitutional right to make crucial appointments on his own while Congress is in recess, as it is this week.

Big win for employers in disability bias case

02/16/2010

Employers frequently worry that if they discharge a disabled employee, they will be sued for disability discrimination even if they had a good reason for terminating the employee. That’s because disabled employees may claim their disability was a motivating factor in the decision. Until recently, that was enough to win at least a partial victory in court. Fortunately, that’s no longer the case.

Aurora trucking firm sued for bilking employees on benefits

02/16/2010

The U.S. Department of Labor has sued Mid-State Express, alleging that the trucking company collected health care premiums from its employees, but never actually used them to buy insurance. As a result, employees face more than $3 million in unpaid medical bills.

Follow your own rules, courts will probably side with you

02/16/2010

You just can’t satisfy some employees. They’ll always find something to complain about. But if supervisors keep their cool and hold employees to the rules, chances are a disgruntled employee won’t get far with a lawsuit.

E-Verify now legal in Illinois … if employers play by new rules

02/16/2010

Illinois’ long-standing mistrust of the federal government’s E-Verify employment eligibility verification program has now been codified into a new law meant to make sure the online system can’t be used to harm workers. Employers that use E-Verify must now complete the Illinois Department of Labor’s “E-Verify Employer Attestation Form.”

Burden now on employees to show age bias caused adverse action

02/16/2010

Good news for employers! The U.S. Supreme Court issued a landmark decision whose positive impact on employers is just being felt. The decision—Gross v. FBL Financial Services, Inc., (129 S. Ct. 2343, 2009)—involved an employee who alleged that his reassignment to a new position constituted a demotion that was improperly motivated by his age. That would have violated the ADEA.

How much should I worry about employees using social networking sites?

02/16/2010

Q. I heard that Facebook use is really picking up, but I don’t think most of our employees are that tech-savvy. Should I be concerned about my employees accessing social networking sites while at work?