Archive for September, 2009

Can an Employer Deny FMLA Leave After Mistakenly Telling Employee He Is Eligible?

September 25, 2009 at 9:30 am by: Tennessee Employment Law Letter

by Daniel B. Gilmore
If an employee is admittedly ineligible for leave under the Family and Medical Leave Act (FMLA) but his employer mistakenly informs him that he is eligible before he takes leave, should the employer be prevented from denying his request? The Sixth U.S. Circuit Court of Appeals recently addressed that question and held [...]

Responding to Employees’ Personal Social Networking

September 25, 2009 at 8:50 am by: West Virginia Employment Law Letter

Imagine that one of your employees has her own webpage. One day, you find out that she’s posted a satirical picture poking fun at the company on her site. Then you learn that another employee sounded off about his supervisor on his blog after he received a negative performance evaluation. Can you do anything about [...]

Control the Office Thermostat to Save Money, Environment

September 22, 2009 at 8:58 am by: North Carolina Employment Law Letter

Although some parts of the country still feel like summer, this week we officially begin the fall season. The Farmers’ Almanac recently released its winter forecast for 2009-2010 predicting that three-fourths of the United States will experience colder than normal temperatures on average. When temperatures plunge, what can human resources do to reduce energy bills [...]

What to Do When Contagious Illnesses Come to Work

September 18, 2009 at 10:28 am by: Mississippi Employment Law Letter

by Susan Fahey Desmond
You’ve probably had enough of hearing about the swine flu (now called the H1N1 virus). It’s front-page news across the world. We are now in a full pandemic as defined by the World Health Organization, but the first thing to understand is not to panic. Your company may already have been required [...]

Workers Who Lied About Violating Company Rule Fired, One Who Told Truth Keeps Job

September 18, 2009 at 10:24 am by: Illinois Employment Law Letter

You have several employees you’ve caught red-handed violating a company rule that your employee manual says may justify termination for a first offense. When questioned, one admits to the wrongdoing; the others deny it. Can you fire the employees who lied but retain the other employee with a lesser disciplinary measure? According to a recent [...]

Telecommuting: Tips for Managing Employees Who Work From Home

September 18, 2009 at 10:12 am by: New York Employment Law Letter

by Brian Molinari
The ripple effect of stunning job losses since the recession that began in December 2007 have become commonplace across the United States. And it continues: the global pharmaceutical giant Eli Lilly has just announced plans to cut 13.6% of its workforce, roughly 5,500 workers. During the 20 months from December 2007 through July [...]

Why Employers Can’t Ignore Social Networking Sites

September 11, 2009 at 10:54 am by: New York Employment Law Letter

Over the last several years, social networking websites like Facebook, MySpace, LinkedIn, and Twitter have evolved to the point where most employees use at least one, if not several, of them throughout each day. Social networking sites provide an easily accessible medium for individuals to stay in contact with friends, colleagues, clients, prospective clients, and [...]

Seventh Circuit Says Driving Isn’t ADA Major Life Activity

September 11, 2009 at 10:48 am by: Indiana Employment Law Letter

by Brian Burbrink
In September 2008, the ADA Amendments Act of 2008 (ADAAA) was passed with the intent of broadening the meaning of the term “disability” and expanding coverage under the Americans with Disabilities Act (ADA) to a larger percentage of the workforce. The ADAAA retained the core definition of “disability” (defined, in part, as [...]

FMLA Leave: Military Caregiver Leave

September 4, 2009 at 4:47 pm by: Federal Employment Law Insider

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC
Last week, we looked at the similarities and differences between traditional Family and Medical Leave Act (FMLA) leave and the new qualifying exigency military FMLA leave. This week we look at military caregiver leave. The rules for employer coverage (employing 50 employees within a [...]

EFCA: The Saga Continues, As Does the Misinformation

September 4, 2009 at 11:19 am by: Federal Employment Law Insider

Through the first part of the summer, there were no major developments regarding the Employee Free Choice Act (EFCA). Essentially, both sides were maintaining the same positions. There have been, of course, occasional releases of “studies” and proposals by ostensibly neutral parties, but those volleys were the political equivalent of random shots exchanged by military [...]