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Employment Law

New Congress dives into employment law

01/13/2009

The 111th Congress wasted no time signaling its intention to enact employment law legislation that dramatically favors employees, quickly passing both the Ledbetter Fair Pay Act and the Paycheck Fairness Act. They promise equal pay for equal work. Find out why business and HR groups oppose both measures.

Are employees obligated to keep wages and salaries confidential?

01/12/2009

Q. Can an employer prohibit employees from sharing confidential wage information with each other, such as rates of pay or the amount of wage increases?

Have policy, act fast to cut racism liability

01/09/2009

When racism raises its ugly head at work, employers must do two things. First, make sure everyone understands your company policy prohibits any form of harassment, including that of a racial nature. Then punish anyone caught violating that policy. And if racist graffiti is involved, remove the graffiti as soon as possible.

Remind employees: Honesty required when applying for health insurance benefits

01/09/2009

Remind employees that they must be honest when filling out health insurance sign-up forms. Otherwise, they—and your company—may be sued later to recover the medical costs associated with undisclosed pre-existing conditions.

Consider settling if others can bolster individual’s sex discrimination claims

01/09/2009

If an employee is threatening litigation, try to find out whether others who belong to the same protected class might support her claims. If so, it may be time to settle.

Review contract language before changing benefits

01/09/2009

If your organization has a collective-bargaining agreement with a union, you must make sure you check with counsel before you make any changes to benefits. In some cases, promises made in past contracts—such as a promise to provide retiree health benefits—may be a binding, vested promise that cannot be undone.

Buying a company’s assets? Liabilities may be included

01/09/2009

If your organization is in good fiscal shape in these tough times, top brass may be looking to snap up the assets of failed companies at bargain prices. Remind management that it may end up picking up liabilities such as unemployment insurance claims if it doesn’t structure the deal correctly.

Muslim man claims bias at Dearborn Wal-Mart

01/09/2009

Louay Kezy, a former stockroom clerk at a Wal-Mart store in Dearborn, has filed a $12 million lawsuit claiming he was harassed and fired because of his Arab and Muslim heritage. Kezy, who worked at the store from March to August 2008, claims that co-workers made terrorist jokes and hostile remarks such as “We hate you all” …

State Supreme Court upholds reverse discrimination verdict

01/09/2009

The Michigan Supreme Court upheld a jury verdict in favor of Kenneth Sciotti, a Detroit municipal employee who claimed he was denied promotions because he is white.

Kalamazoo outlaws sexual orientation discrimination

01/09/2009

The Kalamazoo City Commission in December enacted a law prohibiting discrimination based on sexual orientation. The measure mirrors ordinances enacted in at least 15 Michigan cities, including Ann Arbor, Ferndale and Grand Rapids.