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 [...]
Posted in ADA, FMLA, Indiana, Intermittent Leave by: Indiana Employment Law Letter
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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 [...]
Posted in ADEA, Age Discrimination, Arbitration, EEOC, ERISA, FMLA, Furloughs, Layoffs, Missouri, OWBPA, Severance Agreements, Termination, Wage and Hour, Workplace Discrimination by: Missouri Employment Law Letter
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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 [...]
Posted in EEOC, Oklahoma, Religious Accommodation, Religious Discrimination by: Oklahoma Employment Law Letter
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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 [...]
Posted in Break Time, California, Employee Retention, Retirement, Telecommuting, Wage and Hour, Work-Life Balance by: California Employment Law Letter
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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) [...]
Posted in Exempt Employees, Non-exempt Employee, Overtime, Tennessee by: Tennessee Employment Law Letter
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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, [...]
Posted in ADA, ADA Accommodation, Absenteeism, Arizona, Disability Discrimination, Discrimination and Harassment, Termination by: Arizona Employment Law Letter
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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 [...]
Posted in Discrimination and Harassment, Hiring, Sexual Harassment, Virginia by: Virginia Employment Law Letter
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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 [...]
Posted in ERISA, Retirement Plans, Rhode Island by: Rhode Island Employment Law Letter
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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, [...]
Posted in ADA, ADA Amendments Act, Disability Discrimination, Washington D.C. by: Federal Employment Law Insider
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