Archive for October, 2009

Managing Employee Health Insurance Premiums under Revised FMLA Regulations

October 30, 2009 at 2:26 pm by: Georgia Employment Law Letter

When an employee takes unpaid Family and Medical Leave Act (FMLA) leave, how do you legally manage his share of premiums for group health care coverage under the new FMLA regulations? What are the potential liabilities, and how can you avoid them? What are an employer’s rights? The answers to those questions are provided below.
FMLA [...]

EEOC Guidance on Waivers in Severance Agreements

October 30, 2009 at 2:11 pm by: Indiana Employment Law Letter

by Susan W. Kline
Recent economic conditions have caused a number of employers to reduce staff. In response to this trend, the Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), has issued [...]

Employees Have a Duty to Reveal Serious Health Conditions under FMLA

October 23, 2009 at 3:37 pm by: Missouri Employment Law Letter

by Chris LaRose
In a decision issued August 25, the Eighth U.S. Circuit Court of Appeals ruled that the trial court properly threw out an employee’s Family and Medical Leave Act (FMLA) case. The lawsuit stemmed from the employee’s demotion after four unexcused absences. The employee argued that his absences should have been considered FMLA leave [...]

Employers Face Decisions for 2010 While Health Care Reform Is Debated

October 23, 2009 at 3:29 pm by: Federal Employment Law Insider

Employers’ HR and benefits teams are facing the question of what to do in response to pending health care reform. Competing health care proposals are being hotly debated by Congress and the White House in Washington, D.C., and by legislators and their constituents around the country. The debate presents the full range of options, from [...]

Can Employers Discriminate Against Younger Workers?

October 23, 2009 at 2:47 pm by: Virginia Employment Law Letter

by Hillary J. Collyer
Given the current economic slump, there is a particularly high rate of unemployment among younger workers. Accordingly, employers may be receiving an increased number of resumes or job applications from recent graduates who are still looking for their first job out of college. Also, in recent years there’s been a lot of [...]

Behavioral Interviewing: Getting the Best Answers from Job Applicants

October 16, 2009 at 3:57 pm by: Vermont Employment Law Letter

Tell me about yourself. What are your strengths? How about your weaknesses?
Maybe those questions sound familiar. Maybe you hear the same phrases come out of your own mouth every time you conduct a job interview. And maybe you’re missing something.
Audio Conference: Behavioral Interviewing: HR’s Essential New Tool for Selecting the Right Employee

Employee Fraud: Warning Signs, Deterring and Responding to It

October 16, 2009 at 3:53 pm by: West Virginia Employment Law Letter

These days it seems like you can’t pick up a newspaper or log on to the Internet without reading another story about multimillion-dollar fraud. Just when we thought we’d heard the last of Enron, Tyco, and WorldCom, along comes Bernie Madoff. But fraud isn’t a problem only for Fortune 100 companies and millionaire investors. It [...]

OSHA Fines MillerCoors for Employee Electrocution

October 9, 2009 at 4:22 pm by: Colorado Employment Law Letter

by Jim Goh
Behind efforts to assist organized labor and improve the balance between work and family, increasing workplace safety is a top priority for President Barack Obama and the 111th Congress. Both the President and congressional leaders have vowed more funding for the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) and [...]

DOL to Abolish Employment Standards Administration

October 9, 2009 at 4:17 pm by: Federal Employment Law Insider

Like most federal agencies, the U.S. Department of Labor (DOL) is a large bureaucracy, housing many levels of subagencies and layers of employees with a host of titles that are unintelligible to outsiders. The DOL has recently decided to do a little streamlining by abolishing the umbrella agency that oversees four of its major units.
In [...]

Addressing Employees’ Religious Beliefs and Practices in the Workplace

October 2, 2009 at 8:34 am by: Indiana Employment Law Letter

by Brian R. Garrison
Most employers know that federal and state civil rights laws prevent them from discriminating against employees on the basis of their religious beliefs and practices. But when you hear the phrase “reasonable accommodation,” you usually think of your duty under the Americans with Disabilities Act (ADA) to accommodate an employee with a disability. [...]