Monday, April 11, 2011

The Human Resource: Labor Law News - April 11, 2011

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The Human Resource Newsletter

April 11, 2011 FindLaw.com Human Resources Newsletter

Table of Contents

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NEW & NOTEWORTHY:

HOW TO PREVENT A HOSTILE WORK ENVIRONMENT
(FindLaw's Free Enterprise) - One of your responsibilities as an employer is to create a harassment-free work environment. Under federal law, employers are legally responsible if they permit a hostile work environment to persist without taking corrective action. It's therefore necessary to monitor your employees' conduct as well as put in place a harassment policy. Chances are that you've had an employee complain about a hostile work environment because he didn't get along with you or a co-worker. While it's a good idea to correct these situations, mere dislike and rudeness do not create a hostile work environment.

NEW WAVE OF ENTREPRENEURS: FINDLAW'S GOT YOUR BACK
(FindLaw's Free Enterprise) - With startups at a 15-year high and growing monthly, it's clear that unemployed Americans are responding to the struggling economy by creating jobs of their own. At over 4 million monthly visitors, FindLaw.com is the number one legal information website, giving it a unique view of just what this new wave of entrepreneurs and established small business owners are looking for. Dedicated to its small business community, FindLaw is taking this data into consideration and doing a little growing of its own.

USE YOUR PERSONAL CAR FOR BUSINESS? DEDUCT IT
(FindLaw's Free Enterprise) - Besides home offices, perhaps the most-asked question about small business tax deductions is whether or not you can deduct your personal car. The short answer is yes, there is a car tax deduction for small businesses. However, it requires a bit of recordkeeping and calculations on your part. You also actually have to use your vehicle for business (that darn pesky IRS Code).

TOP 3 TIPS FOR LAST MINUTE TAX FILERS
(FindLaw's Law & Daily Life) - With over 4 million monthly visitors, we here at FindLaw.com know that last minute tax filing is an American tradition. Nay, a rite of passage. Even though the U.S. Government pushed back Tax Day to April 18th, you might still find yourself on the wrong side of procrastination this year. Don't worry. With a wealth of information on taxes and last minute filing, we here at FindLaw have got your back.

WHO NOW QUALIFIES AS A DISABLED EMPLOYEE?
(FindLaw's Free Enterprise) - So what is a disability, anyway? Well, the feds have changed the definition and it may mean changes for business owners. Last week, the EEOC issued final guidelines implementing the ADA Amendments Act, expanding the definition of "disability" to include significantly more ailments. If you have fifteen or more employees, the ADA and ADA Amendments Act apply to you. If this is the case, pay attention. The new guidelines will be changing the way you handle disabled employees and reasonable accommodations.

CAN I GET UNEMPLOYMENT WHILE TRAVELING ABROAD?
(FindLaw's Law & Daily Life) - If you recently finished school or are newly unemployed, you might be thinking about taking your unwanted free time to travel abroad. And if you were also recently fired through no fault of your own, you're probably also wondering if it's possible to collect unemployment while traveling. Unfortunately for those grand plans, unemployment benefits are probably not in your future. At least not legally, that is.

WOMEN-OWNED BUSINESSES HAVE RISEN 50%
(FindLaw's Free Enterprise) - The American Express Co. OPEN State of Women-Owned Businesses Report is out, and there is some very good news for female entrepreneurs. The survey, which utilizes data collected every five years by the U.S. Census Bureau, reports that there are 8.1 million women-owned businesses in the United States--up 50% from its start date in 1997. Women-owned businesses also outperformed their male counterparts in all fields.

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CASE SUMMARIES:

SULLIVAN V. CENTINELA VALLEY H.S. DIST., B219524
(CA Ct. App.) - In a dispute involving the scope of Education Code section 44929.21, judgment denying petition for a writ compelling defendant to reinstate petitioner as a full-time employee on the basis that section 44929.21(b) notice was untimely is affirmed, because a probationary teacher may not assert failure of service under section 44929.21(b) when he avoids service where, under the circumstances, it reasonably can be inferred that he did so with knowledge of the non-retention decision.

ADAMS V. THE TRUSTEES OF UNCW, 10-1413
(U.S. 4th Cir.) - In a Title VII action alleging retaliation, religious and speech-based discrimination in relation to the decision not to promote plaintiff to the position of full professor, summary judgment in favor of defendants is affirmed in part and reversed in part where district court properly held that plaintiff failed to satisfy his burdens under both Hill v. Lockheed and McDonnell-Douglas, but erred in its McVey analysis of the First Amendment claim.


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