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In States Where Unemployment Rates Rise, Employer Costs May Follow

According to the most recent Regional and State Employment and Unemployment Summary from the Bureau of Labor Statistics, state and regional unemployment rates continued their upward climb throughout the month of March. Forty-six states reported unemployment rate increases in March, and all 50 states and the District of Columbia have higher rates than they did […]

Four States Approve Measures Ensuring Secret Union Ballots

In Tuesday’s election, four states — Arizona, South Carolina, South Dakota, and Utah — approved ballot measures that would guarantee employees the right to secret-ballot voting in union elections. We decided to ask employment law attorneys in each of the four states — all members of the Employers Counsel Network — about the outcome of […]

Help, They Made Me a Supervisor—Part 2—What to Do

Help, no kidding. New supervisors are in for a great ride, but if you don’t train them well—and fast—they’re going to crash and burn. Here are tips and news about a new audio conference especially for new supervisors. Last issue we posed 9 problem areas for new supervisors and promised that today, we’d offer some […]

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 […]

News Notes: September 2004

New Paid Family Leave Regulations Released As most California employers know, the new Paid Family Leave (PFL) law kicked into action this summer, providing partial wage-replacement benefits for workers who take time off to care for a seriously ill family member or bond with a new child. At the same time, the state Employment Development […]

EFCA: The Saga Continues, As Does the Misinformation

Through the first part of the summer, there were no major developments regarding the Employee Free Choice Act (EFCA). Essentially, both sides were maintaining the same positions. There have been, of course, occasional releases of “studies” and proposals by ostensibly neutral parties, but those volleys were the political equivalent of random shots exchanged by military […]

South Dakota Voters Just Say No to Medical Marijuana

By Jane Pfeifle Though a similar measure was narrowly defeated in 2006, this year South Dakota resoundingly rejected Initiative 13, which called for the legalization of medical marijuana. As a result employers can breathe a sigh of relief because the measure raised numerous questions about how they might be called on to respond to employees […]

Strong Documentation Defeats Employee’s ADA, ERISA Claims

Good recordkeeping and documentation is key in defending employment discrimination claims, a recent court ruling illustrates. An employee terminated for performance problems alleged that he was fired in violation of the Americans with Disabilities Act, because of his wife’s disability. The employer, however, produced evidence showing that: (1) the employee’s performance was subpar; (2) he […]

Technical Notification Failure Dooms FMLA Defense

In yesterday’s Advisor, attorney Stephen R. Woods presented two recent cases that illustrate the need for careful HR training about what to say and what not to say. Today, another teaching case plus an introduction to a unique online training system. Woods is a shareholder in the Greenville, South Carolina office of law firm Ogletree […]