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Employment Law

Unions on the doorstep: EFCA compromise gains momentum in Congress

08/18/2009

As Congress returns from its August recess, look for a renewed push to pass a compromise version of the Employee Free Choice Act, a bill that’s been dubbed “the most sweeping pro-union legislation in the past 50 years.” The EFCA landscape is changing fast. Keep up with the latest by registering for our Aug. 27 webinar, Beyond EFCA: Preparing for the New Era of Union Organizing.

Porn on shared computer? Investigate carefully

08/14/2009

Your computer-usage policy no doubt prohibits visiting pornographic and other inappropriate sites. But what if someone surfs forbidden sites using a computer that an entire group of employees has access to? That makes it difficult to positively identify the guilty user. Your IT department can provide technical assistance so you can base your investigation and conclusions on facts.

When salesperson travels, where’s FMLA base?

08/14/2009

The FMLA applies to employees who have worked more than 1,250 hours and for one year—provided their employer has a staff of 50 or more working within 75 miles of the employee’s base. Typically, the base is where the employee reports. But what about a salesperson who travels over a set territory and works from home?

Chicago hotel to pay $90,000 to settle disability bias case

08/14/2009

Swissotel has entered into a settlement agreement after the EEOC alleged supervisors at the Swissotel Chicago harassed a developmentally disabled employee. According to the suit, hotel managers called the worker “retard” and ultimately fired him because of his disability.

Keep cases from escalating: When hot-headed manager blows up, order cooling-off period

08/14/2009

Even the best bosses sometimes blow up. An employee slacks off or messes up, and the manager lashes out. Everyone knows such outbursts shouldn’t happen. That doesn’t mean they won’t. How you handle the aftermath may make the difference between a jury trial and a smooth return to workplace normalcy.

Beware that bloated résumé: Extra skills don’t necessarily mean better qualified

08/14/2009

Employees who want a promotion sometimes get upset when they aren’t selected, especially if the job winds up going to someone they perceive as less skilled or talented. But if the spurned employee’s extra skills or training weren’t necessary, they aren’t particularly relevant. And they’re certainly no proof that the promotion process was tainted by bias.

Make sure promotion panels don’t know anything about candidates’ prior complaints

08/14/2009

When promoting from within, one of the best ways to protect against retaliation claims is to use a promotion panel. If possible, make sure panel members don’t know about any complaints any of the candidates might have previously filed. That way, if the employee who says he’s being retaliated against doesn’t get the job, he can’t blame it on the panel’s knowledge of his prior protected activity.

Warn bosses: One comment could ignite racial case

08/14/2009

Remind supervisors that any comments they make about race or another protected characteristic can come back to haunt the company. It doesn’t much matter whether the comments come before or after a termination decision has been made.

Drug-tested employees may have second chance to sue

08/14/2009

Employers almost always contract out workplace drug testing and then rely on the results the contractor provides. If the employer then fires an employee who tests positive, chances are a court won’t second-guess the decision, since the employer relied on the test. That doesn’t mean the testing company can’t be sued.

EEOC says Scrub snubs blacks

08/14/2009

According to the EEOC, Scrub Inc., which cleans commercial airplanes that land at O’Hare International Airport and provides janitorial services at other large Chicago-area facilities, discriminates against black job applicants.