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Terminating And Disciplining Employees: Employer To Pay Four Years’ Back Wages For Firing One-Man Striker; Important Tips For Avoiding Labor Law Problems

If an employee makes unjustified complaints about wages and hours, you may be tempted to brand the person as a troublemaker. You might even take disciplinary action if the griping continues. But a new National Labor Relations Board (NLRB) ruling cautions that even a one-employee protest can be a protected activity under federal labor law-landing […]

Discipline and Termination—Near Guarantees of a Lawsuit

In yesterday’s Advisor, we covered “almost smoking gun” mistakes; today, more mistakes your managers make, plus an introduction to a unique, checklist-based audit system. Today’s mistakes are again courtesy of the Rhode Island Employment Law Letter written by attorneys at the law firm of Little, Medeiros, Kinder, Bulman & Whitney, P.C. As with evaluations, discipline […]

News Notes: Delay Tactics Cost Employer A Lot More Than Settlement Would Have

Journeyman painter Thelma Walker filed a sexual harassment and defamation lawsuit against the San Francisco housing authority and her former job site foreman. Over the next six months, the housing authority was smacked with court fines for repeatedly not responding to Walker’s discovery requests. Walker and the housing authority then tentatively agreed to a settlement […]

Pension Plans: Supreme Court Restores Employer Discretion Over Surplus Assets

Because of the huge stock market gains in recent years, many defined benefit pension plans contain more assets than are needed to pay out benefits. Since 1997, however, a ruling from the federal appeals court that covers California has sharply limited employers’ discretion in how to use that “extra” money. But in a recent unanimous […]

Younger Workers Value Benefits, but Concerned about Flexibility, Affordability

A new survey from Mercer, representing a cross-section of the national workforce, found that most workers are satisfied with their company’s benefits. However, many respondents, especially younger workers, said they are concerned about the affordability and flexibility of these benefits in the future, especially concerning health care and retirement. Only 41% of respondents see health […]

New Oklahoma law confirms enforceability of nonsolicitation agreements

Although noncompetition agreements remain unenforceable under state law, a new law confirms that Oklahoma employers may enforce agreements prohibiting former employees from soliciting a company’s employees to leave their jobs to work for another employer. For some time, Oklahoma employers have been able to contractually prohibit former employees from soliciting workers for a reasonable period […]

What’s Penn State Mean for HR? More Harassment Cases

Special from the Advanced Employment Issues Symposium, Las Vegas The unfortunate revelations of alleged sexual misconduct at Penn State and other schools will have one clear effect for HR, says attorney Mark Schickman: You’re going to see an uptick in harassment charges. Sexual harassment charges had been declining somewhat, but the recent publicity will reverse […]

EEOC Issues Rule Clarifying ‘Reasonable Factors Other Than Age’

The Equal Employment Opportunity Commission (EEOC) has issued a new rule aimed at clarifying when the “reasonable factors other than age” (RFOA) defense can be used in claims filed under the Age Discrimination in Employment Act (ADEA). The rule is to be published in the Federal Register on March 30. A statement from the EEOC […]