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Employment Law

Learn from public employee’s ‘reputation’ suit–even if you’re a private-sector employer

06/15/2011

Government employees have some rights that private-sector employees don’t have, including so-called liberty and property interests in their jobs. That can include the right to a hearing and an opportunity to present their side of the story before being discharged. It also includes the right to preserve their reputations.

Thinking of stiffing illegal immigrant workers? Better be ready to defend huge class-action suit

06/15/2011
The fact that a worker is in this coun­try illegally does not mean he can’t file a Fair Labor Standards Act overtime lawsuit. What’s more, that case can turn into a class-action suit, representing all other similarly situated illegal workers.

Allow FMLA leave before terminating employee

06/15/2011

Are you thinking about terminating an employee for good business reasons, but know he needs to take FMLA leave? While you can legally discharge him, he could challenge the termination as interference with the right to FMLA. But what if you allowed him to take FMLA leave and told him not to return?

Quiz for managers: Documenting discipline the legal way

06/14/2011

If an employee ever sues, you need to have strong documentation of performance, behavior and discipline issues. Managers sit on the front lines of the documentation battlefield. Have your supervisors take our quiz to test their knowledge of documentation do’s and don’ts. Plus, learn three documentation rules every manager must know.

If you needed legal advice on an employment law issue, what would you do?

06/14/2011
When HR Weekly readers and users of www.theHRSpecialist.com need employment law advice, they don’t look for just any old lawyer.

Supreme Court OKs class-action waivers in arbitration pacts

06/13/2011
The U.S. Supreme Court has ruled that employers do have the right to include class-action waivers in their arbitration agreements. The court said the Federal Arbitration Act pre-empts any state laws that would try to nullify an arbitration clause that bars class-wide arbitrations.

What are the details on new FLSA regulations?

06/10/2011
Q. I’ve heard there are new Fair Labor Standards Act regulations coming. When do the final regulations updating the FLSA become effective?

With DOL cracking down, get employee classification right

06/10/2011
In the past year, the U.S. Department of Labor has renewed its focus on combating employee misclassification, and there has been a recent significant increase in the number of wage-and-hour lawsuits. In many of these cases, workers are challenging their designation as exempt employees under the Fair Labor Standards Act.

Feds issue new tip-credit pooling rules

06/10/2011
Employers are now free to set the percentage of employee tips that can be placed in a tip pool. In years past, several court decisions conflicted with the U.S. Department of Labor’s position restricting the amount of tips an employer could require to be pooled.

With chef in hot water, Lisle hotel settles bias suit

06/10/2011
The EEOC and the Hilton Lisle/Naperville Hotel in Lisle have agreed to settle a ­national-origin harassment suit filed by several Hispanic employees who worked in the hotel’s kitchen. The group will split a $195,000 settlement.