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Employment Law

Congress, EEOC look into tightening age-bias law

08/20/2009

Age-discrimination lawsuits have shot up in recent years, climbing 29% last year alone. But a recent pro-business ruling by the U.S. Supreme Court will make it harder for employees to prove age bias in the workplace. Employee advocacy groups are crying foul.

Reminder: Sept. 30 is deadline for EEO-1 report

08/20/2009

In an effort to track employment of minorities and females in the workforce, the EEOC requires certain employers to complete and file an Employer Information (EEO-1) Report by Sept. 30 of each year. You can file the report online at www.eeoc.gov/eeo1survey. 

DOT rule calls for direct observation of drug tests

08/20/2009

If you have transportation workers in safety-sensitive jobs, take note: New U.S. Department of Transportation (DOT) rules kick in Aug. 31 that affect return-to-work drug tests given to employees who previously tested positive or underwent drug rehab.

New EEOC guide could spur severance-plan gripes

08/20/2009

Departing employees who are asked to sign severance packages now have a new tool to discover if those packages comply with federal law. The EEOC just unveiled a new guidance document that is expected to cause more people to question their severance packages—either to HR or to a court.

The 7 biggest triggers to age bias claims … and how to avoid them

08/20/2009

The ADEA makes it illegal to discriminate against people age 40 and older in hiring, terminations, pay, promotions, benefits and any other terms of employment. Here are the key areas where age bias claims typically pop up:

Must we allow (or stop) Bible study at work?

08/20/2009

Q. An employee sent a companywide e-mail inviting employees to attend a morning prayer and Bible study prior to work that will be held on the company premises. Do we have to allow this (or do we have to shut it down)?

Same job, different pay: Is that legal?

08/20/2009

Q. We have two employees who have the same job title, job description and functions. We pay one a flat salary ($120,000). We pay the other a base salary plus a fixed rate for hours that are billable to the customer ($70,000, plus $20 for every billable hour). Can we do this or should their salary structures be identical?

Are we liable for injuries to the cleaning crew?

08/20/2009

Q. We employ a husband/wife team to clean our office. We pay them on a monthly contract basis and provide a Form 1099 at year-end. Would we be liable for an injury they might suffer while cleaning?

Reducing salaries: The impact on exempt status

08/20/2009

Q. Legally, is there a difference between exempt employees “volunteering” their time or being required to reduce their salaries (or work hours) during these slow economic times?

Must we allow (or stop) Bible study at work?

08/20/2009

Q. An employee sent a companywide e-mail inviting employees to attend a morning prayer and Bible study prior to work that will be held on the company premises. Do we have to allow this (or do we have to shut it down)?