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Employment Law

Retailer asks for NLRB ruling on union access to property

03/14/2011
The Roundy’s supermarket chain faces a unique situation. Union members are handing out leaflets in front of stores, but they’re not disgruntled Roundy’s employees. They’re not even trying to organize Roundy’s employees. Now the grocery chain has asked the National Labor Relations Board to intervene.

Extra leave under MPLA subject to employer approval

03/14/2011
Although they’re welcome to be more generous, employers are only obligated to provide six weeks of leave under the Minnesota Parental Leave Act

HR can’t always save the day when bosses go overboard

03/14/2011
HR can’t right all wrongs. When a supervisor rashly fires an employee for filing a complaint, not even fast action by HR to reinstate the employee can save the company from liability.

Your best defense against failure-to-hire suits: Sound hiring process, complete documentation

03/14/2011

It’s one of the HR profession’s hard truths: You never know which applicant may sue you if he or she isn’t hired. That means you must be ready to defend every hiring decision. The best way is to have a clear routine that everyone involved in the hiring process must use.

How to work with GINA–the Genetic Information Nondiscrimination Act

03/14/2011
In late 2010, the EEOC published GINA regulations that provide employers with specific guidance concerning what information they may gather about their employees, how GINA interacts with the FMLA medical certification process and how any genetic information the employer obtains is to be treated.

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 take affirmative steps 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.

Equal Pay Act

03/12/2011

HR Law 101: The Equal Pay Act of 1963 prohibits employers from paying different wages on the basis of gender for “equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions…” Female employees must also receive the same level of benefits as their male colleagues …

Firing meetings: Let workers talk; ‘zip it’ doesn’t work

03/11/2011

You’ve had it up to here. Now it’s time to fire a poorly performing employee. As you’re about to do so, the employee wants to tell you something. But you tell her to “zip it.” Nothing she says will change your mind. As this case shows, you better zip it yourself and listen. Here’s why …

NLRB: Pre-emptive firing to prevent employees from discussing pay and benefits is illegal

03/09/2011
In a recent case, the National Labor Relations Board ruled that employers unlawfully interfere with an employee’s rights if they terminate the person in anticipation that he might discuss working conditions with his co-workers in the future.

Wisconsin fight: End of labor unions or a new beginning?

03/08/2011
The stand-off between Wisconsin Gov. Scott Walker and state Senate Democrats over state employees’ collective bargaining rights has HR professionals and employment law attorneys watching with interest. Will it spell the end of organized labor or give a shot in the arm for an institution that has been fading fast in recent years?