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Miscellaneous Legal Issues

China's Contract Law Something for Everyone

September 6, 2007
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The statute, which goes into effect in January, has significant benefits for employers as well as workers and unions. But more important, it may finally bring uniform labor practices to the nation's booming economy.
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Curbing Runaway Discrimination and Harassment Costs

August 7, 2007
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Employers, general counsels and HR professionals have become resourceful in developing ways to reduce or avoid employee claims and the subsequent expenses in employment law actions. Given the current Supreme Court’s willingness to apply the plain meaning of employment statutes, it may also be willing to give business a very powerful weapon in cost control—the recovery of attorneys’ fees from a losing employee/plaintiff.
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Legal Workviews Trapped by Releases

July 27, 2007
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It's been routine to obtain releases from laid-off employees who waive their rights to sue in return for severance pay or benefits. But recent actions by the Equal Employment Opportunity Commission suggest that the practice could be fraught with risks even for companies with stellar diversity programs and positive EEO track records.
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Stamping Out Workplace Bullies

July 13, 2007
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Bullying is blamed for unnecessarily creating high costs of turnover, insurance claims and thwarted productivity. And anti-bullying bills keep cropping up in state legislatures. But employer attorneys say the way to deal with bullies at work is through existing harassment policies and statutes, not by enacting new laws.
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A Dozen Tips for Bullied Employees

July 13, 2007
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If employees feel they are being targeted by workplace bullies, here are 12 strategies they can use.
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Dealing With Workplace Bullies Tips for HR

July 13, 2007
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Assisting an employee who seeks help after describing an abusive situation can be tricky. The HR professional must be able to distinguish a bully from an earnest but perhaps difficult or even troubled supervisor.
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Running With the ‘Knuckleheads’

June 5, 2007
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Discrimination Liability Case Off Supreme Court Docket

April 19, 2007
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A closely watched discrimination case that the Supreme Court had been scheduled to hear April 18 has been withdrawn, leaving unresolved, for the moment, the question of whether a company can be held liable for discrimination by a subordinate supervisor, even if a higher-ranking official makes an employment decision unaware of the alleged bias.
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Senator Introduces Workplace Violence Plan

April 17, 2007
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The Survivors’ Empowerment and Economic Security Act would allow 30 days of leave for victims of domestic violence in the workplace so that they can appear in court, seek legal assistance and secure their homes and families.
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HSA Embezzling Case Is a Heads-Up for Employers

April 16, 2007
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In what is likely the first prosecution of health savings account fraud, the case exemplifies the caution benefits administrators must exercise when hiring third-party administrators to manage health care assets.
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