Archive for October, 2008

Using Surveillance to Investigate Workers’ Suspicious FMLA Medical Claims

October 31, 2008 at 8:10 am by: Indiana Employment Law Letter

Employers face a real challenge in meeting client and customer needs when staff members take time off work under the Family and Medical Leave Act (FMLA) or ask for extensive disability accommodations under the Americans with Disabilities Act (ADA). But what’s already a difficult situation can become downright aggravating when [...]

Avoiding Legal Pitfalls During RIFs and When Reducing Workers’ Hours

October 24, 2008 at 8:31 am by: Missouri Employment Law Letter

by John Vering
On Oct. 3, the U.S. Bureau of Labor Statistics’ reported that over the past 12 months, the number of unemployed has increased by 2.2 million and the unemployment rate has risen by 1.4 percentage points. Total nonfarm payroll employment decreased by 159,000 in September and thus [...]

EEOC Offers Employers Guidance on Avoiding Religious Discrimination

October 24, 2008 at 8:19 am by: Oklahoma Employment Law Letter

by Tony Puckett
Recently, the Equal Employment Opportunity Commission (EEOC) issued new guidance on religious discrimination under Title VII of the Civil Rights Act of 1964. It also issued two other sets of materials addressing religious discrimination: “Questions and Answers: Religious Discrimination in the Workplace” and “Best Practices for Eradicating [...]

Telecommuting Might Be the Answer for Workers Who Change Their Retirement Plans

October 24, 2008 at 8:19 am by: California Employment Law Letter

by Mark Schickman
Look around your workplace, and you will see baby boomers who are rethinking their retirement plans. They have had their anniversary date in 2010 circled on their calendars for a decade, they have bought their retirement condo, and they have calculated the rate of investment return that allows their retirement fund to [...]

Correctly Classifying IT Employees As Exempt or Non-exempt

October 17, 2008 at 2:31 pm by: Tennessee Employment Law Letter

by Kara Shea
I’m often asked to give advice about whether employees are exempt from the overtime requirements of federal law. I have to say that it’s a pretty easy call about 70 percent of the time. But then there’s that troubling 30 percent of jobs that give my clients (and, truth be told, yours truly) [...]

How Do I Deal with a Disabled Worker’s Attendance Problems?

October 17, 2008 at 8:15 am by: Arizona Employment Law Letter

Q: We’ve been going through the interactive process with one of our employees (we’ll call him Mike). As a result, we’ve been accommodating him with unpaid leaves for the last year. It’s been tough, and Mike’s supervisors have told me more than once that they need to terminate him and move on. According to them, [...]

Nepotism and Its Dangers in the Workplace

October 10, 2008 at 10:34 am by: Virginia Employment Law Letter

Workers who are the most innovative or productive or those who possess visionary leadership are inevitably propelled to the top. That’s the image many of us have of the workplace. In reality, the practice of favoring and promoting relatives or paramours, more commonly known as nepotism, is widely practiced in companies large and small across [...]

Retirees Win Right to Sue for Fund Mismanagement

October 10, 2008 at 8:50 am by: Rhode Island Employment Law Letter

In a major ruling, the First U.S. Circuit Court of Appeals held that employees who retire and receive lump-sum distributions from their company’s defined-contribution plan, such as a 401(k), have the right to sue the administrators of the plan if they don’t believe their moneys were managed wisely. As our [...]

More Workers Protected from Disability Discrimation under ADA Amendments Act

October 3, 2008 at 9:02 am by: Federal Employment Law Insider

by Burton J. Fishman Fortney & Scott, LLC
Last week, while everyone’s attention was focused on a potential meltdown of the U.S. economy and whether or not the first presidential debate would actually take place, a bunch more of your employees were given federal protection against disability discrimination. On September 25, 2008, [...]