Employee Relations Law Journal articles from December 2006

Employee Relations Law Journal archives from December 2006

An ounce of prevention may be worth a pound of cure: how employers can prepare for an ailing workforce in the event of an avian flu outbreak.
December 22, 2006... There are a number of labor and employment issues that stem from the prospect of an avian flu outbreak. The authors highlight some of those issues and provide meaningful strategies for dealing with them should they arise. Much...

Walking on eggshells - avoiding retaliation claims when an employee who files a discrimination complaint does not leave.
December 22, 2006... The author explains that employers can avoid retaliation claims by taking actions that have a legitimate business purpose and that do not have a retaliatory intent or effect on the employee. One of an employer's hardest management...

Legal remedies for workplace bullying: grabbing the bully by the horns.
December 22, 2006... Supervisor to Employee: "You see this watch? That watch costs more than your car I made $970,000 last year, how much did you make? You see pal, that's who I am, and you're nothing. Nice guy? I don't give a #$%&. Good father? #$%& you; go home...

Ensuring fair play: using common law to protect against unfair competition from former employees.
December 22, 2006... When an employee begins to work for a competitor, many employers turn to non-compete agreements and other contractual restrictions for protection. But recent cases show that aggressive forum shopping and races to the courthouse may make the...

Where there's smoke: employer policies on smoking.
December 22, 2006... In response to a recent Surgeon General's Report highlighting the dangers of secondhand smoke, employers may be increasingly pressed to balance the rights of smokers and non-smokers. Policies that attempt to control off-the-job smoking pose...

The law of criminal background checks.
December 22, 2006... More employers are conducting criminal background checks on prospective and current employees, obtaining information relating to prior arrests or convictions. While such screening provides various benefits to employers, they must be aware of...

Take your dog to work day - everyday.
December 22, 2006... When the Americans with Disabilities Act was enacted, one of e "reasonable accommodations" that was contemplated was allowing seeing-eye dogs to accompany blind persons in places where animals were not otherwise allowed. (1) This mandate has...

The new Pension Protection Act: more work for plan administrators.(Employee Benefits)
December 22, 2006... The Pension Protection Act of 2006 (the Act) (1) was passed by Congress just before its August 2006 recess. But since the Act was signed by the President, plan administrators do not have the luxury of a recess. They must now review and...

Something fishy this way comes: Haddock v. Nationwide Financial Services.
December 22, 2006... A recent federal court decision threatens to seriously muddy the waters regarding permissible compensation for companies that provide administrative services to ERISA plans. By concluding that payments made under so-called "revenue sharing"...