by Kara Shea
Wage and hour compliance issues are probably the single greatest source of worry (and sleepless nights) for employers, at least those who are reading the headlines. In the last several years, employers around the country have been hit with huge damages awards in wage and hour litigation or have [...]
Posted in Classifying Workers, Exempt Employees, FLSA, Overtime, Tennessee by: Tennessee Employment Law Letter
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In discrimination cases filed under Title VII of the Civil Rights Act of 1964, first, the employee must establish a prima facie (minimally sufficient) case of discrimination. Once he does that, the burden shifts to the employer to produce evidence that he was rejected or someone else was preferred for a legitimate, nondiscriminatory reason. [...]
Posted in Discrimination and Harassment, EEOC, South Carolina, Title VII by: South Carolina Employment Law Letter
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by Jonathan Hauer
Some people are just plain trouble. Take me, for instance. I was born with two left feet and 10 thumbs. I make a bull in a china shop look graceful. I am, if you didn’t catch my oh-so-subtle hints, clumsy. You can tell this just by looking at me [...]
Posted in Arizona, Background Checks, Hiring by: Arizona Employment Law Letter
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(Updated Jan. 11, 2010)
A case of first impression! While those words may mean little to you, dear readers, rest assured that when the First U.S. Circuit Court of Appeals issues a decision interpreting specific provisions of the Family and Medical Leave Act (FMLA) for the first time, we leap for joy [...]
Posted in FMLA, FMLA Leave, Rhode Island, Vacation by: Rhode Island Employment Law Letter
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by Mark Wiletsky
It has become almost commonplace to hear that a government agency or private corporation has been the victim of a data security breach. As a result, hundreds of customers’ or employees’ personal data is at risk of being used for criminal purposes such as identity theft. Approximately 70 percent [...]
Posted in Background Checks, Colorado, Fair Pay Act, HIPAA, Handbooks by: Colorado Employment Law Letter
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by Kara Shea
The following case provides some hope for employers that find themselves continually dealing with suspicious leave requests under the Family and Medical Leave Act (FMLA). It shows that you don’t have to accept a medical certification form at face value.
Posted in Absenteeism, FMLA, FMLA Leave, Tennessee by: Tennessee Employment Law Letter
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Normally, employees take their work-related problems to HR departments. They may, for personal problems, bend the ear of a concerned manager or supervisor. More and more, however, employers have begun to use what they believe to be an even better approach to the needs of their employees: corporate chaplains. In an effort to create the [...]
Posted in Arkansas, Benefits, Employee Privacy by: Arkansas Employment Law Letter
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by Stephen J. Stine
Whether your workforce is 20 or 10,020, any organization will benefit from drafting accurate job descriptions. Drafting effective and accurate job descriptions in an employment agreement will save you and your employees unnecessary confusion. It also will help ensure that all duties of the job are assigned efficiently.
Posted in Job Descriptions, Virginia by: Virginia Employment Law Letter
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The debut of a new I-9 form brings the opportunity to review some of the basics on handling the document, which has been around since the 1980s. The new form now conforms with regulations issued in 1997 (yes, you’re reading that correctly) and alters the list of documents employees may use to [...]
Posted in Connecticut, I-9, Immigration by: Connecticut Employment Law Letter
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