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Investigating an Employee’s Formal Complaint

When an employee initiates a complaint to HR of unfair treatment or sexual harassment, the best thing to do is to move immediately to start an investigation. Choose an objective, outside investigator, attorney, or HR professional to conduct the investigation. Prepare a summary statement of the complaint that the interviewee agrees with and signs. Interview […]

Coming Soon: OSHA Vs. New House Majority on Enforcement

The Occupational Safety and Health Administration’s (OSHA) agenda to increase enforcement, which includes items such as ergonomics, noise standards, and an injury and illness prevention program, seems destined to run into resistance from the new Republican majority in the U.S. House of Representatives. It’s fairly clear that changes to the Occupational Safety and Health Act […]

Severance Agreements: Older Worker Who Signs Release Can Still Sue You; Supreme Court Rules

Once a terminated employeehas signed a release promising not to sue and has cashed theirseverance check, you probably think you are free from their legalclaims against you. In most cases, you’d be right. But you couldbe in for an expensive surprise if the employee is 40 years orolder and your paperwork isn’t perfect. That’s because […]

How 2012 election results will affect HR in 2013, part 1

by David S. Fortney President Barack Obama will be sworn in for his second term Monday. The 113th Congress met for the first time on January 3 with its slightly revised composition. With those players in place, the main question for employers and HR professionals is, how will the 2012 election results affect the federal […]

Workplace Bias: High Court Makes Discrimination Easier to Prove; What You Need to Know

Caesars Palace in Las Vegas employed Catharina Costa as a warehouse worker and heavy-equipment operator. She was the only woman in this job and in her local Team- sters bargaining unit. Eventually, Costa was fired after an altercation with a male co-worker.When Costa sued for sex discrimination, Caesars contended her termination stemmed from Costa’s lengthy […]

ERISA Rules Do Not Forbid Dropping Fund Transfer Option, Another Court Finds

Eliminating a participant option to switch to a defined benefit plan from a defined contribution offering does not violate ERISA anti-cutback provisions, even if participants’ accrued — but unclaimed — benefits are reduced. The recent ruling in Andersen v. DHL Retirement Pension Plan (Case No. 2:12-cv-00439-MJP WL 5389141, U.S. Dist., Western District of Washington Nov. […]

New Employment Laws and Regulations Going into Effect

While the world has been focused on the U.S. and global economic meltdown, a historic presidential election, and staggering unemployment numbers, some pretty significant changes have been made in federal employment laws and regulations with most going into effect in just a few weeks. A recent issue of HR Hero Line includes a roundup of […]

NLRB to review Northwestern University football ruling

On April 24, the National Labor Relations Board (NLRB) announced that it will review a regional director’s decision that Northwestern University’s scholarship football players are employees who are eligible to unionize. The Board’s announcement came one day before a secret-ballot election, which will go on as scheduled. The NLRB said the ballots will be impounded […]

Nonreligious observance may require religious accommodation

by Maggie LeBato and H. Mark Adams Both federal and state laws prohibit employers from discriminating against employees because of their religion. The courts have further ruled that the prohibition against religious discrimination requires you to accommodate your employees’ sincerely held religious beliefs unless it would cause undue hardship to your business. You might assume, […]

Rutgers lesson: Don’t double dribble your way through key decisions

by Michael P. Maslanka With the Final Four on Saturday and the NCAA national championship game on Monday night, basketball has been much in the news. And not far behind those stories is the unfolding saga of the Rutgers basketball program. Two articles by  The  New York Times writers Kate Zernike and Steve Eder, “Rutgers Tries […]