Archive for January, 2009

How Can Employers Avoid Legal Issues When Firing Employees?

January 30, 2009 at 12:53 pm by: Arkansas Employment Law Letter

by Gary Jiles
Q: Everywhere you turn right now, you hear bad news about the economy. As a small-business owner, I’m afraid I’ll have to resort to letting go of several hourly employees. Like other employers, I’ve dealt with Equal Employment Opportunity Commission (EEOC) charges from employees, and I have many [...]

Sixth Circuit Affirms Decision to Lay Off Predominantly Female Departments

January 30, 2009 at 12:47 pm by: Kentucky Employment Law Letter

As more and more companies struggle in this tough economy, many are forced to implement reductions in force (RIFs) and layoffs. Often, RIF decisions lead to litigation if not properly planned. In a recent case, the Sixth U.S. Circuit Court of Appeals held that an employer didn’t discriminate against employees based [...]

Obama Will Bring Change for Employers

January 23, 2009 at 12:58 pm by: New York Employment Law Letter

Now that President Barack Obama has been sworn into office many expect to see more new workplace regulations in the upcoming months than at any time in the last two decades. This article discusses of some of the proposed legislation that could affect employers in the areas of civil rights (the [...]

Changes in Employment Law and the Workplace Under Obama and New Congress

January 16, 2009 at 1:06 pm by: Alabama Employment Law Letter

by Al Vreeland
As with old girlfriends, we don’t always appreciate what we have in life until we don’t have it anymore. Employers have enjoyed pretty smooth sailing for almost a decade now. The feds have imposed relatively few new regulations, the courts have looked at most employment lawsuits with a skeptical [...]

Reducing Personnel Costs and Helping Workers Have Work-life Balance

January 16, 2009 at 1:03 pm by: HR Insight

by Sarah McAdams
For some companies, layoffs will be inevitable. If your company is part of that “some,” of course you’ll do everything you can before conceding that a workforce reduction is the only option. Just make sure that “everything” includes exploring a potential work-life balance solution. That’s right, even in this [...]

Employee Free Choice Act: What Employers Should Do Now

January 9, 2009 at 1:26 pm by: Kansas Employment Law Letter

by Donald D. Berner and Forrest T. Rhodes
The election of Barack Obama as the next president, coupled with the Democratic Party’s increased majority in both the U.S. Senate and House of Representatives, is certain to bring changes. The Employee Free Choice Act (EFCA), which President-elect Obama and Democratic congressional leaders vow [...]

Sexual Orientation Discrimination and the Employment Non-Discrimination Act

January 9, 2009 at 1:16 pm by: Michigan Employment Law Letter

by Gary Fealk
There has been a push in recent years to provide homosexual, bisexual, and transsexual individuals with protection against discrimination, including discrimination in the workplace. There is even proposed federal legislation, the Employment Non-Discrimination Act (ENDA), on the horizon that may pass in the next session of Congress.

Important Labor and Employment Decisions Pending Before the Supreme Court

January 9, 2009 at 1:11 pm by: Federal Employment Law Insider

The current term of the U.S. Supreme Court provides a reminder that the drafters of the U.S. Constitution deliberately created a tension between continuity of law and responsiveness to changes in the majority’s wishes. We are on the cusp of a complete change in administration, with the likelihood of substantial changes [...]

Economy, Political Changes Could Create Perfect Storm for Employment Lawsuits

January 9, 2009 at 12:46 pm by: Kansas Employment Law Letter

(Updated April 2009)
by Boyd Byers
Writer Sebastian Junger coined the phrase “perfect storm” to describe the simultaneous occurrence of different weather phenomena that combine to create a powerful nor’easter (a storm blowing from the northeast). Is a confluence of cultural, economic, and political events whipping up a perfect storm for [...]