Archive for June, 2008

Overtime and Wage Lawsuits: Potential Liability for Most Employers

June 27, 2008 at 11:38 am by: Georgia Employment Law Letter

Many employers are shocked when they see how quickly a single complaint by an employee for unpaid overtime can turn into a collective-action lawsuit under the federal Fair Labor Standards Act (FLSA) and state labor laws.
Unlike discrimination claims filed under Title VII of the Civil Rights Act of 1964, there is [...]

Keep Workers Safe During Hot Weather

June 20, 2008 at 2:28 pm by: Alabama Employment Law Letter

Summer is in full swing so it’s time to make sure employees stay safe in the hot weather.
The Occupational Safety and Health Administration (OSHA) doesn’t have a specific standard for addressing heat stress. However, the agency has previously issued citations to employers that have allowed employees to be exposed to a risk of serious [...]

What’s an FMLA ‘Qualifying Exigency’?

June 20, 2008 at 11:43 am by: New Mexico Employment Law Letter

by Robert P. Tinnin, Jr.
Q. In January of this year, amendments to the Family and Medical Leave Act (FMLA) became effective, adding certain types of leave for family members to help relatives serving in the military. I understand the leave is available for a “qualifying exigency.” What is that? I recently [...]

EEOC Addresses Associational Discrimination and Code Words

June 13, 2008 at 11:51 am by: New Jersey Employment Law Letter

The Equal Employment Opportunity Commission (EEOC) is in the middle of its E-Race Initiative, which is designed to eliminate race and color discrimination in the workplace by identifying issues that contribute to it. The commission intends to achieve its goals for the E-Race Initiative by 2013. Two factors it’s currently addressing [...]

Wal-Mart to Pay Rejected Applicant $300,000

June 13, 2008 at 11:47 am by: Missouri Employment Law Letter

by John Vering
On April 17,2008 the Equal Employment Opportunity Commission (EEOC) announced that Wal-Mart Stores, Inc., had agreed to pay $300,000 to a Hardin, Missouri man to settle a disability discrimination lawsuit. In addition, Wal-Mart agreed to provide training on the Americans with Disabilities Act (ADA) to managers at [...]

Can I Fire an Employee for Being Loud?

June 6, 2008 at 12:16 pm by: Arizona Employment Law Letter

Q We run a fine-dining restaurant in which the ambient atmosphere is an integral part of our business. We host many business lunches and other professional-type meetings because of the quiet and relaxed environment. That environment has changed a little bit lately as the result of our new hostess, Kimberly.
Kimberly is quite the talker. That’s [...]

Correctly Classifying a Worker as an Independent Contractor

June 6, 2008 at 12:00 pm by: New York Employment Law Letter

by Tracey A. Cullen
It’s no news flash that companies must proceed with caution when classifying someone who provides them with services as an independent contractor. Independent contractors are paid flat fees without tax deductions or employment taxes. Employees are paid salaries subject to withholding, FICA, FUTA, and other employment taxes and are [...]

Can I Fire an Employee for Being Loud?

June 6, 2008 at 11:55 am by: Arizona Employment Law Letter

Q We run a fine-dining restaurant in which the ambient atmosphere is an integral part of our business. We host many business lunches and other professional-type meetings because of the quiet and relaxed environment. That environment has changed a little bit lately as the result of our new hostess, Kimberly.
Kimberly is [...]