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Employment Law

Supreme Court to rule on ACA contraceptive mandate

11/27/2013
The U.S. Supreme Court has agreed to hear two cases arguing opposite sides of the debate on an ACA provision requiring employer-provided health insurance to cover birth control.

Don’t let handbook create a contract

11/27/2013
Here are two easy steps to prevent your employee handbook from turning into a binding contract.

Top 10: The basic rules every HR pro must follow

11/26/2013
While lawsuits may be practically inevitable in today’s litigious society, losing them is not. Ten rules to follow:

Cary salesman’s last-ditch affidavit saves age bias case

11/26/2013
A former car salesman who claimed a Cary dealership fired him because it felt selling cars was a “young man’s game” appears to have plucked victory from the jaws of legal defeat.

Warren County schools agree to settle USERRA suit

11/26/2013
The Warren County Board of Edu­­ca­­tion has settled a USERRA complaint with the U.S. Department of Justice. The case involved an assistant principal at Warren County High School who is also a sergeant in the Army Reserve.

One-time offensive comment not enough for a lawsuit

11/26/2013
Co-workers can and do get into arguments with other employees and may say things that are downright offensive. But courts expect employees to have relatively thick skins, at least when the perceived harassment is coming from co-workers and not a supervisor.

Employee acts as own lawyer? You’ll need to be patient

11/26/2013
When so-called pro se litigants represent themselves before the EEOC and in federal court, you’ll need patience. It will pay off in the long run.

High-level managers have pay discretion? You’re courting a class-action lawsuit

11/26/2013
Broad discretion about compensation at the bottom of the pay scale usually prevents employees from pursuing a class-action lawsuit similar to the one in the Supreme Court’s 2011 landmark Wal-Mart v. Dukes case. However, all bets are off if the issue is pay for higher-level employees.

Ensure bosses provide training for everyone

11/26/2013
Here’s a tip that can save you from needless litigation: Make sure supervisors don’t play favorites with some employees at the expense of others. You never know which employee will later claim she was excluded from the “inner circle” that got preferential treatment because of a protected characteristic.

Take steps to stop blatant customer harassment

11/26/2013
Employers can’t control everything—including situations in which customers harass employees. As long as you take reasonable measures to prevent or stop blatant harassment, a single incident won’t mean you will be liable for customer harassment.