by Daniel B. Gilmore
If an employee is admittedly ineligible for leave under the Family and Medical Leave Act (FMLA) but his employer mistakenly informs him that he is eligible before he takes leave, should the employer be prevented from denying his request? The Sixth U.S. Circuit Court of Appeals recently addressed that question and held [...]
Posted in FMLA, FMLA Leave, Tennessee by: Tennessee Employment Law Letter
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Imagine that one of your employees has her own webpage. One day, you find out that she’s posted a satirical picture poking fun at the company on her site. Then you learn that another employee sounded off about his supervisor on his blog after he received a negative performance evaluation. Can you do anything about [...]
Posted in Blogging, Discrimination, Employee Privacy, Performance Evaluation, Retaliation, Social Networking, Termination, West Virginia, Whistleblowing by: West Virginia Employment Law Letter
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Although some parts of the country still feel like summer, this week we officially begin the fall season. The Farmers’ Almanac recently released its winter forecast for 2009-2010 predicting that three-fourths of the United States will experience colder than normal temperatures on average. When temperatures plunge, what can human resources do to reduce energy bills [...]
Posted in Going Green, North Carolina by: North Carolina Employment Law Letter
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by Susan Fahey Desmond
You’ve probably had enough of hearing about the swine flu (now called the H1N1 virus). It’s front-page news across the world. We are now in a full pandemic as defined by the World Health Organization, but the first thing to understand is not to panic. Your company may already have been required [...]
Posted in Absenteeism, Employee Privacy, FMLA, HIPAA, Mississippi, OSHA, Safety in the Workplace, Sick Leave, Workers Compensation by: Mississippi Employment Law Letter
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You have several employees you’ve caught red-handed violating a company rule that your employee manual says may justify termination for a first offense. When questioned, one admits to the wrongdoing; the others deny it. Can you fire the employees who lied but retain the other employee with a lesser disciplinary measure? According to a recent [...]
Posted in Break Time, Discrimination, Handbooks, Illinois, National Origin Discrimination, Race Discrimination, Termination by: Illinois Employment Law Letter
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by Brian Molinari
The ripple effect of stunning job losses since the recession that began in December 2007 have become commonplace across the United States. And it continues: the global pharmaceutical giant Eli Lilly has just announced plans to cut 13.6% of its workforce, roughly 5,500 workers. During the 20 months from December 2007 through July [...]
Posted in ADA Accommodation, Alternative Work Schedule, Going Green, New York, OSHA, Overtime, Safety in the Workplace by: New York Employment Law Letter
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Over the last several years, social networking websites like Facebook, MySpace, LinkedIn, and Twitter have evolved to the point where most employees use at least one, if not several, of them throughout each day. Social networking sites provide an easily accessible medium for individuals to stay in contact with friends, colleagues, clients, prospective clients, and [...]
Posted in Blogging, New York, Social Networking, Trade Secrets, Workplace Technology by: New York Employment Law Letter
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by Brian Burbrink
In September 2008, the ADA Amendments Act of 2008 (ADAAA) was passed with the intent of broadening the meaning of the term “disability” and expanding coverage under the Americans with Disabilities Act (ADA) to a larger percentage of the workforce. The ADAAA retained the core definition of “disability” (defined, in part, as [...]
Posted in ADA, ADA Accommodation, ADA Amendments Act, Absenteeism, Disability Discrimination, Indiana by: Indiana Employment Law Letter
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by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC
Last week, we looked at the similarities and differences between traditional Family and Medical Leave Act (FMLA) leave and the new qualifying exigency military FMLA leave. This week we look at military caregiver leave. The rules for employer coverage (employing 50 employees within a [...]
Posted in DOL, FMLA, FMLA Leave, FMLA Military Leave, Washington D.C. by: Federal Employment Law Insider
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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 [...]
Posted in EFCA, NLRB, Unions, Washington D.C. by: Federal Employment Law Insider
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