Archive for March, 2010

Workplace Investigations: Finding the Truth

March 25, 2010 at 9:00 pm by: Maine Employment Law Letter

by Toby Tiner, Jr.
Editors’ note: This week we feature a guest article. The editors of Maine Employment Law Letter think you will benefit from the practical insights of their colleagues. They have worked alongside Toby on many tricky employee-relations cases, and his ability to find the truth while treating employees respectfully has impressed them. Maine [...]

Employer May Terminate Employee Who Misrepresented Need for FMLA Leave

March 18, 2010 at 9:04 pm by: Kentucky Employment Law Letter

The Sixth U.S. Circuit Court of Appeals (which covers Kentucky, Michigan, Ohio, and Tennessee) recently addressed whether an employer could terminate an employee who met the requirements for Family and Medical Leave Act (FMLA) leave but, by virtue of his behavior during the leave, revealed that he actually was able to work.

Adopt a Formal Flextime Policy

March 18, 2010 at 9:00 pm by: New Mexico Employment Law Letter

Employment law attorney Robert P. Tinnin, Jr., answers an HR practitioner’s question about improving a flextime program that has become unmanageable.

EEO Training Makes Economic Sense for Employers

March 11, 2010 at 9:04 pm by: Oklahoma Employment Law Letter

by Sam R. Fulkerson
The Equal Employment Opportunity Commission (EEOC) announced in January that 93,277 workplace discrimination charges were filed nationwide during 2009 — the second-highest level ever — and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, and [...]

Salesperson Not Subject to Administrative Exemption from Overtime Pay

March 11, 2010 at 9:00 pm by: Connecticut Employment Law Letter

by Jonathan C. Sterling
Because one of the most difficult tasks HR professionals face is determining whether their employees are exempt, each time a decision is issued on the topic by an appeals court, it’s worth noting and taking guidance from. The latest decision from the Second Circuit relates to the administrative exemption, which applies to [...]

Making the Case for Keeping HR

March 4, 2010 at 9:00 pm by: Maine Employment Law Letter

In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales.
In fact, the perception might [...]

Male-Male Sexual Harassment Claims on the Rise

March 4, 2010 at 9:00 pm by: Missouri Employment Law Letter

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment charges by men have doubled since 1992, accounting for 16 percent of the 12,696 sexual harassment charges filed in the 2009 fiscal year.
And while female-male sexual harassment certainly makes up some portion of those claims, it’s evident that male-male harassment claims are also on the [...]