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Employment Law

Put teeth in your arbitration agreements! Make sure employees acknowledge them

09/02/2009

If you use mandatory arbitration agreements, take the extra time to make sure courts will enforce them. In New York, that means showing that the applicant or employee knew that getting and keeping her job required agreeing to arbitration of all employment disputes.

Stop legal bait-and-switch by documenting, retaining copies of employee complaints

09/02/2009

Employees who engage in some form of protected activity—such as filing an EEOC complaint, participating in a discrimination case or complaining about possible discrimination to the company—are protected from retaliation for doing so. But often employees who complain about one thing end up suing on entirely different grounds …

When settling, consider adding a ‘no return’ clause

09/02/2009

Sometimes, it may seem like a good idea to simply settle a case and move on—especially if the case is taking up lots of time. Before you agree to a settlement amount, consider whether you really want the employee to stay with your organization.

Even self-representing litigants have deadlines

09/02/2009

Courts traditionally have been lenient with plaintiffs who represent themselves, giving them every benefit of the doubt. As this case shows, that seems to be changing.

The 5 steps of progressive discipline

09/02/2009

A progressive discipline system is the best way to correct employee performance problems. It’s also the best way to protect against wrongful termination lawsuits. It allows you to ensure that any employee fired because of inferior performance was treated fairly and in accordance with your company’s policies. Here’s a five-step model for progressive discipline:

Employers preparing for swine flu’s second wave

09/02/2009

The World Health Organization raised the swine flu alert to its highest level, saying the H1N1 virus has reached global pandemic levels. Your best HR defense is a good offensive plan to handle the logistical and employment law issues …

Labor leader charged in bribe scheme

09/02/2009

Michael Forde, executive secretary-treasurer of the New York City District Council of Carpenters and Joiners, has been charged with taking bribes from contractors in return for providing lower labor costs.

Payback time: Employer wanted its money back—and got it!

09/02/2009

Forgive us if we pat ourselves on the back. In two recent decisions, our firm, Bond, Schoeneck & King, was successful in recovering relief against employees. The cases offer good news for employers frustrated with losing money when they haven’t done anything wrong.

Military family leave: DOL regs spell out employee rights

09/02/2009

In January 2009, the DOL issued new FMLA regulations that incorporated the National Defense Authorization Act of 2008, which granted new leave rights to family members of employees in the military. The regulations, for the first time, defined what a “qualifying exigency” is under the law that entitles military families to take leave. Qualified exigencies are divided into seven categories:

New mental-health parity rules kick in Oct. 3

08/31/2009

The high-voltage debate over health care reform has consumed headlines in recent months, but employers shouldn’t overlook a more immediate change: The Mental Health Parity and Addiction Equity Act that takes effect next month will mandate new coverage limits—and potentially lead to higher costs.