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Employment Law

Texas high court rejects employer liability for worker conduct

06/01/2007

The Texas Supreme Court recently issued two decisions limiting when employers can be held responsible for the wrongs committed by their employees. The cases offer hope that employers won’t always bear the brunt of their employees’ wrongdoing, as has often been the case in the past …

Big ruling: Supreme Court limits scope of pay-discrimination lawsuits

05/29/2007

The U.S. Supreme Court handed employers a major victory this week by clarifying that workers who claim pay discrimination must file their complaints within 180 days of the alleged offense. But this ruling could, in the short run, lead to a spike in pay-bias claims.

Remind employees: As Coke verdict shows, stealing secrets can earn jail time

05/25/2007

The recent sentencing of a Coca-Cola employee who tried to steal (and sell) the secret formula serves as a cautionary tale for your employees about the confidentiality of trade secrets. Here’s a five-step strategy for shoring up your trade-secret walls and making sure confidential info stays in-house.

Height and weight bias: A growing protected status?

05/22/2007

Lawmakers in Massachusetts are debating legislation that would make it the second state (after Michigan) to prohibit job discrimination based on a person’s height or weight. Passage of the bill in Massachusetts could spark interest in such laws in other states.

Court: Intermittent FMLA leave won’t cover tardiness, bathroom breaks

05/15/2007

Employees are becoming well versed in the FMLA game, and you’re paying the price. Unscheduled intermittent leaves now account for a huge portion of all FMLA leaves of absence. And while the law does allow employees to take FMLA leave in small bites for a doctor’s visit or to care for a sick relative, it doesn’t give them unfettered rights to random work breaks or to arrive late without a good excuse …

Screening candidates: To Google or not to Google?

05/15/2007

More HR professionals are turning to search engines and social networking sites to dig beyond a candidate’s résumé. But the benefit of uncovering such red flags can carry some big legal risks. Here’s how to Google for candidates in the most legally safe way …

FMLA in a Nutshell: How to Comply With the Family and Medical Leave Act

05/15/2007
White Paper published by The HR Specialist, copyright 2009 ______________________ The Family and Medical Leave Act (FMLA), which became law in 1993, provides qualified employees with up to 12 weeks of unpaid leave per year for the birth or adoption of a child, for caring for a spouse or an immediate family member with a […]

The danger of hiring ‘Best of the worst’ from résumé pile

05/15/2007

When hiring, you probably use the job description to establish the minimum requirements for the position. But what if no one in the applicant pool meets those minimum requirements? …

Ban smoking or ban smokers? How far can you legally go?

05/15/2007

Thirty states and the District of Columbia have established “lifestyle discrimination” laws that prohibit employers from discriminating against employees or applicants based on the person’s off-duty use of tobacco or participation in other legal though controversial activities …

It’s important to track discipline by type and degree

05/01/2007

Expect a call from an employment lawyer when a disgruntled employee is fired. If the axed employee belongs to a protected class (race, sex, disability, etc.), expect more than a call …