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Employment Law

Consistency is key when firing for performance

02/14/2014
Poor performance sounds like a legitimate reason to fire someone. That doesn’t mean the employee won’t sue. If that happens, you must be prepared to show that other em­­ployees who held the same position and had similar performance issues were also terminated. If not, you had better be able to explain why.

Latest stats: Union membership continued to stagnate in 2013

02/13/2014

In 2013, the union membership rate was 11.3%, the same as in 2012, the U.S. Bureau of Labor Statistics recently reported. That’s about 14.5 million workers. Union membership has been declining for decades.

Fed contractors: New rules for documenting vets, disabled staff

02/13/2014
Starting March 24, employers that have contracts with the federal government face new rules for managing workers who are disabled or military veterans.

FLSA to cover home health care workers in 2015

02/12/2014
Beginning Jan. 1, 2015, staffing agencies and other third-party employers must pay minimum wages and overtime to home health care workers, including certified nursing assistants, home health aides, personal care aides, caregivers and certain companions.

New EEOC stats: Charges down, retaliation up

02/11/2014
The EEOC received 93,727 charges in fiscal year 2013, a 5.7% decrease compared to 2012. However, retaliation charges grew for the eighth straight year.

Employee Handbooks: Overview

02/10/2014

HR Law 101: Employee handbooks are extremely valuable business tools. But if you’re not careful, your handbook could land you in court. In particular, employees are increasingly suing for wrongful discharge, pointing to a handbook they claim guaranteed them employment indefinitely …

High Court: CBA can address ‘donning, doffing’

02/07/2014
The U.S. Supreme Court handed employers a major victory on Jan. 27 when it ruled unanimously that workers need not be paid to change into and out of protective gear if a union contract has already specified that the time isn’t compensable.

Smell alcohol on employee’s breath? What to do now

02/07/2014
When you smell alcohol on an employee, or receive reports that an employee smells of alcohol, you need to act fast to protect everyone’s safety—but not so fast that you mishandle the situation. Follow these guidelines.

When porn is ‘research,’ First Amendment may apply

02/07/2014
Some professions in the public sector may benefit from constitutional protections more than other employees.

Warn bosses: Their texts could be used as evidence

02/06/2014
When a woman sued her employer for sex bias, her lawyer asked the company to produce text messages sent between bosses discussing her salary. A court ruled they must be turned over.