Archive for July, 2009

Despite Business Opposition, Workplace Gun Laws Survive

July 24, 2009 at 2:37 pm by: Employers State Law Alert

The proliferation of new laws addressing the possession of firearms has brought about an issue that could directly impact many workplaces. Gun owners with handgun carry permits can now, in many states, bring their guns into parks, bars, schools, and the workplace.
Laws passed in at least nine states prohibit employers from banning employees from coming [...]

Sixth Circuit Addresses Salary Basis Test under FLSA

July 24, 2009 at 2:33 pm by: Ohio Employment Law Letter

Wage and hour claims remain a hot topic in employment litigation. The Sixth U.S. Circuit Court of Appeals recently addressed a case involving pay deductions. While the court rejected some of the employees’ arguments, it ultimately agreed with the district court that the employer violated the Fair Labor Standards Act (FLSA) by making certain deductions [...]

EEOC Moves Forward with New ADA Regs

July 24, 2009 at 2:24 pm by: Oregon Employment Law Letter

The U.S. Equal Employment Opportunity Commission (EEOC) is moving forward with new regulations that will make it much easier for employees claiming protection under the Americans with Disabilities Act (ADA) to establish that they have a covered disability. At a public meeting in June, the EEOC voted 2-1 to approve draft changes to the existing [...]

What Should Employers Do When I-9s Aren’t Filled Out Completely?

July 17, 2009 at 2:44 pm by: Colorado Employment Law Letter

by Emily Hobbs-Wright
Q: We have 40 stores, and sometimes the I-9s we receive aren’t filled out completely. If just a date is missing (not verification of documents or a signature), can we e-mail the store and ask for the date and fill it in ourselves, or do we need to send the forms back [...]

Proceed with Caution When Rehiring Laid-Off Employees

July 17, 2009 at 2:04 pm by: Tennessee Employment Law Letter

by Kara Shea
One hopeful sign that our economy is perhaps inching back in the right direction is the number of calls I’ve received in recent weeks from clients inquiring about hiring back employees let go during a reduction in force (RIF). Some employers have told me they’re contemplating bringing back certain positions, or even entire [...]

How Employers Can Avoid Becoming an EEOC Statistic: Part 2

July 15, 2009 at 12:59 pm by: Vermont Employment Law Letter

by Amy M. McLaughlin
In part one of this article, we discussed the increase in the number of discrimination charges filed with the Equal Employment Opportunity Commission (EEOC) against private-sector employers since 2006. In 2006, the EEOC saw it’s first increase in charge filings in four years. By 2008, the number of discrimination claims filed with [...]

Beware of Favoritism in the Hiring and Promotion Process

July 10, 2009 at 3:02 pm by: New Jersey Employment Law Letter

A federal appellate court recently allowed a discrimination case against an employer to proceed to trial because the hiring manager spent extra time with one of the candidates.
Audit your hiring policies and practices with the Employment Practices Self-Audit Workbook

How Employers Can Avoid Becoming an EEOC Statistic: Part 1

July 10, 2009 at 2:59 pm by: Vermont Employment Law Letter

by Amy M. McLaughlin
In its year-end statistics, the Equal Employment Opportunity Commission (EEOC) reported that 75,768 discrimination charges were filed against private-sector employers in 2006. That was the first increase in charge filings in four years. By 2008, the total number of charges filed with the EEOC had jumped 25% to 95,402.

DOL’s Renewed Focus: Wage and Hour Enforcement

July 10, 2009 at 2:58 pm by: Vermont Employment Law Letter

The Government Accountability Office (GAO) recently released a report and congressional testimony concerning its investigation of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD). The GAO concluded that the “WHD frequently responded inadequately to complaints, leaving low wage workers vulnerable to wage theft.” This article summarizes the GAO’s report, DOL Secretary Hilda [...]

Senate Finance Committee’s Proposals to Expand Health Care, Reduce Costs, and Pay for It All

July 10, 2009 at 2:53 pm by: Benefits & Compensation Law Alert

Previously, we discussed three potential option papers the Senate Finance Committee released in April and May which outline major health care reform issues and approaches to resolving them. This week, we will look at the specifics of each of the three papers and what they mean for employers. Since the papers were released, the Congressional [...]