Archive for December, 2009

Inflexible Return-to-Work Policy is Risky Business

December 30, 2009 at 12:08 pm by: Colorado Employment Law Letter

by Emily Hobbs-Wright
Employers that have a policy of automatically terminating employees who fail to return to work after they’ve exhausted their workers’ compensation leave need to be aware that such a policy puts them at risk of a class-action lawsuit under the Americans with Disabilities Act (ADA). Read on to learn more about the largest [...]

Tips for Minimizing Risk When Cutting Labor Costs

December 30, 2009 at 11:57 am by: Colorado Employment Law Letter

by Mark Wiletsky
Although we’re beginning to see signs of an economic recovery, many organizations are still grappling with how to stay competitive in this challenging environment. Layoffs, furloughs, and other methods used to cut personnel costs are often part of the equation. But the savings gained by those cost-cutting measures can be lost if employees [...]

Fair Pay Act Revives Police Employee’s Discrimination Claims

December 18, 2009 at 12:59 pm by: Delaware Employment Law Letter

by Teresa A. Cheek
The Third Circuit Court of Appeals recently issued a decision applying the Lilly Ledbetter Fair Pay Act — the first bill signed into law by President Barack Obama in January 2009.
HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including discrimination

NLRB May Make Significant Changes Even Without EFCA

December 18, 2009 at 12:23 pm by: Federal Employment Law Insider

The National Labor Relations Board (NLRB) celebrated the 75th anniversary of the National Labor Relations Act (NLRA), which created the Board. Commenting on the stalled so-called Employee Free Choice Act (EFCA), Chairman Wilma Liebman noted that congressional inaction on the EFCA may contribute to the “flip-flopping” with which the Board has been accused. She also [...]

Calculating the FMLA’s 1,250-Hour Mark for Eligibility

December 11, 2009 at 1:58 pm by: Pennsylvania Employment Law Letter

by Christine Kenny
Calculating whether an employee has worked 1,250 hours in the past year to qualify for leave under the Family and Medical Leave Act (FMLA) seems like a straightforward enough task. But is it really? With flextime arrangements and employees working overtime or putting in for “comp” time, calculating the 1,250-hour requirement can be [...]

Appalling Reference Issue HR Pros Should Watch Out For

December 11, 2009 at 1:53 pm by: Massachusetts Employment Law Letter

by Michael B. Leahy
Recently, our colleagues in California brought a shady — and possibly criminal — Web-based reference service to our attention. What we saw shocked us.

What Employers Need to Know When Employees Seek Loans, Withdrawals from Retirement Plans

December 4, 2009 at 2:53 pm by: New Hampshire Employment Law Letter

by Douglas R. Chamberlain
When facing financial difficulties, employees often look to their retirement plans as a possible source of needed funds. Many plans offer participant loans or permanent withdrawals, the latter generally on a hardship basis. However, plan loans and withdrawals can jeopardize the employee’s retirement benefits, and both are subject to complex rules that, [...]

Supreme Court to Decide Key Employment Issues in 2010

December 4, 2009 at 1:44 pm by: Federal Employment Law Insider

Before each term, the U.S. Supreme Court identifies the cases it will hear in that term. While the Court has identified only three cases directly involving claims under various federal labor and employment statutes, in an additional four cases, the Court’s decisions are likely to have a significant effect on the rights and practices of [...]

Wellness Programs and the Health Care Reform Debate

December 4, 2009 at 1:38 pm by: Maine Employment Law Letter

You can hardly turn on the TV or pick up a newspaper these days without hearing or reading something about the health care reform debate. No matter the political party or industry, nearly everyone seems to agree that the current system is broken, with tens of millions of Americans uninsured and health care costs skyrocketing.
But [...]