Practical HR Tips, News & Advice. Updated Daily.
Mandatory arbitration of employment disputes continues to be controversial. One unresolved issue has been whether union contracts can require workers to arbitrate all employment disputes. The U.S. Supreme Court has now agreed to rule on this question.11 Although arbitration clauses for various workplace disputes have been used for years in union contracts, courts have disagreed […]
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 […]
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 […]
When employees are accused of misconduct, their first instinct may be to say they didn’t do it. But under a new U.S. Supreme Court ruling, public employer scan impose additional punishment on workers who deny an accusationthat later proves to be true. This seemingly straightforward decisioncould have some unexpected consequences, however, as employers may find […]
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 […]
The U.S. Supreme Court has clarified the rules for when employers can poll unionized workers about their support for the union.The case involved a Mack Truck dealership that had recently changed ownership. Several employees allegedly made statements to the new employer indicating they did not want to be part of the existing union. When the […]
A California Court of Appeal has ruled independent contractors can’t sue you for race-based termination of their contracts. But, despite media reports calling this decision a major employer victory, you still need to proceed cautiously when dealing with independent contractors. Here’s why.
It’s common to ask employees who accept early retirement to agree to waive future legal claims against you in exchange for higher pension payouts. But is it legal? Two years ago, the Ninth Circuit Court of Appeal ruled that Lockheed Corporation violated the Employee Retirement Income Security Act (ERISA) when it did just that. The […]
Your employee handbooks and manuals probably state that the policies are not intended to create a contract and are subject to change. This is a common provision employers use to maintain the flexibility to modify their personnel practices and procedures. But now, in a recent case many employers will find startling, one company learned this […]
Same-sex harassment is illegal under California law if the harassment is “because of” a person’s gender. The concept is easy to apply when the perpetrator and the victim are gays or lesbians of the same gender. But is crude behavior by a heterosexual employee against someone of the same gender-such as making sexually explicit jokes […]