Employment Law

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Union membership has fallen dramatically in recent decades, but the labor movement is far from dead. The biggest change: In 2005, the breakaway "Change to Win" movement seized control over one-third of the powerful AFL-CIO's unions. Change to Win lured the unions away by promising to shift the focus from political activism to organizing as many U.S. employers as possible. Is your business next? ...

If you think that you can forget about a discrimination dispute just because the employee doesn't file an EEOC complaint within the allotted time, you may be in for a surprise. As a new court ruling shows, the EEOC can sue your organization years, or even decades, after the alleged discrimination took place ...

There once was a time when considering an employee's request for disability leave was fairly straightforward. But no more. With passage of the ADA and FMLA, employers must now navigate a virtual maze of federal laws and regulations. And when an employee's disability stems from a work-related accident, workers' compensation issues must be taken into account ...

The U.S. Supreme Court handed employers a major victory this week by clarifying that workers who claim pay discrimination must file their complaints within 180 days of the alleged offense. But this ruling could, in the short run, lead to a spike in pay-bias claims.

The advent of MP3 players, satellite radio and Internet-based music makes it easy to rock and roll at work. Such distractions can reduce employee productivity and even create create legal risks. Establish a music/noise policy before it becomes a problem ...

While Congress tries to hammer out the biggest immigration law changes in decades, Homeland Security is already cracking down. These developments will likely add new responsibilities and risks to your I-9 and visa practices ...

Giving someone an "excellent" performance rating may seem like a nondiscriminatory act. But, as a new court case shows, high praise can still be deemed retaliation if the review is worse than a previous one and it hurts the employee's ability to earn a bonus or promotion ...

The recent sentencing of a Coca-Cola employee who tried to steal (and sell) the secret formula serves as a cautionary tale for your employees about the confidentiality of trade secrets. Here's a five-step strategy for shoring up your trade-secret walls and making sure confidential info stays in-house.

Managers may believe that agreements must be in writing to be deemed legal employment contracts. But that’s not true. Under the right circumstances, oral promises made by supervisors can be enforced as contractual agreements. That’s especially true if employees or applicants have something in writing to back up their claims, such as handwritten notes. As […]

Courts, the NLRB and state labor relations boards are becoming more open to employee's claims that they were disciplined in response to their union activities, even when no connection exists. For that reason, it's important to be cognizant of your timing when taking action against a union worker ...

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