Employment Law

Jargon kills: Use plain language in policies

07/17/2009

When an El Pollo Loco restaurant manager filed a wage lawsuit, the company pointed to its handbook that said (in English and small type) “all employment-related disputes must be resolved through binding arbitration.” The manager argued that employees didn’t understand what they were signing and, therefore, the policy wasn’t valid.

Changing an employee’s duties may require changing his FLSA classification

07/17/2009

These days, organizations have to do just as much (or more) with fewer employees. That may mean employees’ job duties and responsibilities change frequently. But be aware that such changes could alter the person’s classification under the Fair Labor Standards Act—and open you up to an overtime lawsuit.

Use ‘fresh-start’ policy to cut retaliation risk

07/17/2009

It often makes sense to give a fresh start to a poorly performing employee who has been complaining about discrimination. Place her in another position with a new supervisor, new co-workers and a clean disciplinary record. Then if her workplace problems persist, you can terminate her without worrying about retaliation claims.

Shelving of controversial ‘card check’ provision doesn’t mean union-friendly EFCA bill is dead

07/17/2009

Heavy criticism of the so-called “card check” has led supporters to step back from that most controversial piece of the Employee Free Choice Act. But you can still expect passage of some version of the law that could, among other things, speed up union elections, impose stiffer penalties on labor violations and allow workers to campaign at the work site without retaliation.

Bill banning sexual orientation bias introduced; some version likely to pass this year

07/17/2009

The new version of the Employment Non-Discrimination Act (ENDA), H.R. 2981, was introduced in Congress last month and has a good chance of passage this year. It would make it illegal for most public and private employers to discriminate against employees and applicants based on the person’s sexual orientation, gender identity or transgender status.

Soda machine attacker wins workers’ comp

07/17/2009

Employees typically earn workers’ compensation for injuries incurred “in the course of work.” In Illinois, it seems, attacking the company vending machine is all in a day’s work. Vending-machine vigilantes are also covered in Oregon …

Chronic fatigue syndrome or just too pooped to work?

07/17/2009

If you have an employee who seems constantly exhausted, take note: He or she may suffer from chronic fatigue syndrome (CFS). And under the newly revised Americans with Disabilities Act, that person could be deemed “disabled” and entitled to reasonable work accommodations.

Employment Law

Jargon kills: Use plain language in policies

Changing an employee’s duties may require changing his FLSA classification

Use ‘fresh-start’ policy to cut retaliation risk

Shelving of controversial ‘card check’ provision doesn’t mean union-friendly EFCA bill is dead

Bill banning sexual orientation bias introduced; some version likely to pass this year

Soda machine attacker wins workers’ comp

Chronic fatigue syndrome or just too pooped to work?

Can we open employees’ ‘confidential’ mail?

Can you ask applicants if they have relatives on staff?

Disability payments and the FMLA

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