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 [...]
Posted in ADA, ADA Accommodation, Colorado, Disability Discrimination, EEOC, Employee Leave, FMLA, Workers Compensation by: Colorado Employment Law Letter
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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 [...]
Posted in Age Discrimination, Colorado, Exempt Employees, Furloughs, Independent Contractors, Layoffs, WARN by: Colorado Employment Law Letter
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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
Posted in Delaware, Discrimination, Equal Pay Act, Fair Pay Act, Sex Discrimination, Title VII by: Delaware Employment Law Letter
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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 [...]
Posted in NLRA, NLRB, Unions, Washington D.C. by: Federal Employment Law Insider
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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 [...]
Posted in ADA, Employee Leave, FLSA, FMLA, FMLA Leave, Pennsylvania by: Pennsylvania Employment Law Letter
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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.
Posted in Background Checks, Massachusetts by: Massachusetts Employment Law Letter
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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, [...]
Posted in Benefits, New Hampshire, Retirement Plans by: New Hampshire Employment Law Letter
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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 [...]
Posted in Arbitration, EEOC, ERISA, Title VII, Unions by: Federal Employment Law Insider
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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 [...]
Posted in ADA, ADEA, Benefits, DOL, Discrimination, GINA, HIPAA, Maine by: Maine Employment Law Letter
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