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Employment Law

Checklist: A practical guide to investigating workplace harassment

03/14/2011
The U.S. Supreme Court’s landmark decisions in Faragher v. City of Boca Raton and Ellerth v. Burlington Industries were a wake-up call for employers to prevent, detect and remedy unlawful workplace harassment. HR’s key tool for doing so: the internal investigation. When harassment rears its ugly head, here’s how to conduct your investigation.

Must we pay for lactation breaks?

03/14/2011
Q. Are employers required to pay employees for break time taken under the Nursing Mothers Law?

What are the new rules affecting breastfeeding?

03/14/2011
Q. What does the Break Time for Nursing Mothers Law (also known as the Nursing Mothers Law) contained in the Affordable Care Act (ACA) require of employers?

Handling layoffs: Can waivers cut your WARN Act liability?

03/14/2011
Mass layoffs trigger employer obligations under the Worker Adjustment and Retraining Notification Act, which requires some employers to provide advance written notice of a “plant closing” or “mass layoff” to their employees. But sometimes, those obligations can be waived. A recent 7th Circuit case—Ellis v. DHL Express, Inc.—held that employees who voluntarily entered into a severance agreement released their employer from liability under the WARN Act.

Federal disability law doesn’t cover security screeners

03/14/2011
The 7th Circuit Court of Appeals has ruled that airport security screeners are not covered by the federal Rehabilitation Act. That means that the TSA doesn’t have to consider disabled applicants or accommodate those who may become disabled while working for the agency as security screeners.

When administering job tests, ensure they’re job-related and fair to all employees

03/14/2011
Be wary of employment tests that seem to have a disparate impact on members of a protected class. You must be ready to show the tests are valid and focus on the real skills required to do a job.

Hiring employees from competitor

03/14/2011
Q. We are hiring a high-level employee who will come to us from our major competitor. She has no noncompete agreement with her current employer. Is that our only risk?

Must we pay for lactation breaks?

03/14/2011
Q. We run a manufacturing plant. Our break policy allows employees to take up to two breaks each shift to use the restroom. As long as the employees return to their posts within 10 minutes, the breaks are paid. We have an employee who is nursing and using her breaks to express breast milk. This usually takes about 15 minutes each break. Can we treat these breaks as unpaid?

Is it OK to pay an exempt employee an hourly wage for taking on nonexempt work?

03/14/2011
Q. We recently advertised internally for a current employee to do six to eight hours per week of office cleaning for an hourly wage. An exempt employee responded indicating that he would like the extra pay. Is it OK to pay him the hourly rate for his share of the cleaning work in addition to his salary?

After Supreme Court decision, what you must do to prevent retaliation

03/14/2011
The Supreme Court’s decision in Thompson v. North American Stainless underscores the need for employers to take proactive and thoughtful measures to prevent retaliation claims. Follow these practices to help avoid retaliation claims—not only from employees who have engaged in protected activity, but from those closely associated with them.