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Employment Law

Legitimate discipline isn’t retaliation

09/06/2016
Some managers fear disciplining a worker who has complained about discrimination or other allegedly illegal conduct. Quite reasonably, they worry that punishing an employee after he or she complains may precipitate a retaliation claim.

Relax! Your arbitration agreement is likely valid

09/04/2016
As long as you get expert legal help creating a valid arbitration agreement, Texas courts will probably enforce it.

Columbia grad students win right to unionize

09/02/2016
The National Labor Relations Board in late August ruled that Columbia University graduate students who serve as teaching assistants may form a union.

Overtime mistakes your managers must avoid

08/30/2016
Starting Dec. 1, new DOL rules take effect that nearly double the salary threshold at which most salaried workers become exempt from having to be paid overtime.

Accommodating religion: What managers need to know

08/30/2016
An applicant tells you she can’t work nights due to her religion. Or an employee wears a headscarf to the office. How would you respond?

Fed contractors: Review arbitration agreements

08/30/2016
Does your organization have more than $1 million in federal contracts? If so, you may have to change any arbitration agreements you have in place covering certain claims.

How to proactively protect your trade secrets

08/29/2016
Don’t take employee discretion for granted! You need a confidentiality policy to protect trade secrets and other proprietary information from leaving your organization.

Live in a ban-the-box state? Beware ‘name’ hiring bias

08/29/2016
So far, 24 states and more than 100 municipalities have passed laws prohibiting employers from asking applicants about their criminal records early in the hiring process.

Overtime: Steer clear of the comp time trap

08/28/2016
Awarding comp time for extra hours worked is a common strategy that can backfire. The Fair Labor Standards Act lays out strict rules for what basis can be used for awarding comp time and when it’s illegal to give comp time in lieu of cash overtime.

Is it legal to dock nonexempts’ pay if they clock in late after breaks?

08/26/2016
Q. We give employees the choice of using two 10-minute breaks each day or combining them into one 20-minute lunch break. The employees are required to punch out and in for these breaks. Now, we have a policy that docks employees 15 minutes’ pay if they’re four or more minutes late returning from a break. Is this legal?