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Employment Law

NLRB issues guidelines for investigating union ‘Salting’ claims

05/30/2008
In February 2008, the National Labor Relations Board’s Office of General Counsel issued two guideline memoranda outlining the board’s rationale in two recent decisions concerning “union salting.” Salting is a strategy in which union supporters apply for employment in a nonunion workplace. The goal is to unionize that company’s work force …

Seasonal employees and overtime pay

05/30/2008
Q. What are “seasonal employees”? Is it true that an employer does not have to pay them overtime?

Be prepared to prove reorg or cost cutting as layoff reasons

05/28/2008

Gone are the days when employers didn’t have to justify reorganizations or layoffs. Now—given the prevalence of electronic communications—you can expect a court to ask you to produce just about every piece of information used to determine who lost their jobs and who kept them …

It’s absolutely essential to treat all employees equally

05/28/2008
A newly released North Carolina Court of Appeals opinion makes it clear that employers have to make absolutely sure they are treating all similarly situated employees alike …

Warn supervisors: No angry responses to employee complaints

05/28/2008
One of the best ways to sink a discrimination defense is to come off as defensive, angry and vengeful. That’s why you need to train all supervisors and managers on how to initially handle discrimination complaints. Tell them that no matter how outrageous the complaint, the only proper response is to explain exactly how the employee should report what happened …

Back up discipline with details from your investigation

05/28/2008
Like any responsible employer, your organization probably has a comprehensive employee handbook that details your internal policies and how you handle disciplinary decisions. But no handbook can cover every possible situation. So it’s not enough for supervisors and managers to simply cite a particular rule violation as the reason for firing or suspending an employee …

New worry serves as reminder to document discipline

05/28/2008
Publicly traded companies have a new worry: Employees can use the whistle-blowing provisions of the Sarbanes-Oxley Act (SOX) as another way to get back at employers when they are disciplined or fired. SOX makes it illegal to discipline an employee who complains that the company may be violating the Securities Exchange Act.

Does your organization use volunteers or interns? Know the employment law implications

05/28/2008

This is the time of year when college students start serving summer internships. Often, students offer to work without pay just to get the experience. But does this influx of possible free labor carry hidden risks? Perhaps …

Public employee free speech: Only statements of ‘Public concern’ protected

05/28/2008
The U.S. Constitution’s First Amendment protects public employees from being fired for engaging in some forms of free speech—but that protection is quite limited. For example, the right to free speech doesn’t mean that public employers can’t sack employees who maintain explicit or offensive web pages …

‘Exception’ could let church off hook in race discrimination case

05/28/2008
A magistrate has recommended that a federal judge dismiss a race discrimination lawsuit brought by the Rev. Derrick Gomez against the North Carolina Synod of the Evangelical Lutheran Church in America …