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News Notes: Court Rules You Can Correct Family Leave Mistakes

A court has decided that an employer who granted federal family leave to someone who wasn’t qualified to take it can later correct its mistake, despite a government regulation that says otherwise. The employer in the case had told a pregnant worker, Susan Seaman, that she was entitled to family leave, but it turned out […]

News Notes: Clinton Proposes Tax Credit For Pension Plans

President Clinton’s 1999 budget plan contains new proposals to encourage small businesses to establish pension plans for their employees. Under the plan, employers would receive limited tax credits for up to 50% of certain administrative and retirement education expenses associated with new pension, 401(k), or payroll deduction IRA plans.

News Notes: Congress May Make Inside Sales Employees Exempt from Overtime

Legislation is pending in Washington that would treat certain employees who perform inside sales work the same as outside salespeople when it comes to overtime pay. Inside sales personnel are currently entitled to overtime after 40 hours of work in a week. However, a bill making its way through the House of Representatives would exempt […]

News Notes: Worker Fired For Speaking Spanish Wins Big

In what may be the first jury award involving an employer’s English-only policy, an employee for Baccarat Inc. has won $500,000 in damages after claiming that she was fired for speaking Spanish. Irma Rivera worked as a saleswoman at one of Baccarat’s showrooms. After a new company president took over, Rivera alleged that she was […]

News Notes: Republicans Maneuver To Stop Use Of Undercover Employment Testers

Republicans in Congress have said they will support a budget increase for the federal Equal Employment Opportunity Commission—but there’s a catch. They’re demanding that the agency promise to stop using undercover “testers” who pose as job applicants for the sole purpose of scoping out whether your hiring practices are legal. The lawmakers also want to […]

Mental Disabilities: New Conflicting Decisions About Loophole In California Law; More Claims Coming?

Dealing with employees who have emotional or psychological problems can be challenging both personally and legally. And now, handling these issues is trickier than ever in light of two recent conflicting cases on the definition of mental disability. Court Finds Loophole In the first case, brought against Bowersmith Inc. based in the Tulare County town […]

Termination Agreements: Recent Case Says Commonly Used Language Exposes Employers To New Risks

When you ask an employee to sign an employment termination agreement in exchange for severance benefits or other payments, you probably include language making clear that the agreement supersedes any prior understandings there may have been between you and the employee. But a new case suggests this commonly used provision has some significant hidden risks—and […]

Same-Sex Harassment: High Court Rules Same-Sex Harassment Is Illegal And Clarifies Standards For All Claims

Some employers pay little attention to dirty jokes, horseplay and locker room antics among male co-workers. But a new U.S. Supreme Court ruling makes it more important than ever to take a closer look at this kind of behavior. The court found that alleged sexual abuse of a male oil rig worker by his male […]

Discharging Employees: NLRB Orders Non-Union Employer To Reinstate Worker Who Complained; Self-Defense Tips

An employee has been griping about your business practices almost from his first day of work. He shares his concerns with co-workers and then threatens to tell one of your clients about the problems. Before letting that happen, you decide to terminate him. Were you within your rights? According to a new ruling, the answer […]

Sexual Harassment: Court Broadens Your Responsibility For Supervisor’s Misconduct—Even If You Didn’t

You think you’ve done everything by the book. Someone complains that she has been sexually harassed, you immediately conduct aprompt and thorough investigation, and you decide to terminate the accused harasser, a low-level supervisor. But you’re sued for sexual harassment nevertheless, and the court rules against you. Why? Because you can be liable for harassment […]