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 [...]
Posted in Maine, Workplace Investigation by: Maine Employment Law Letter
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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.
Posted in Discipline and Employee Misconduct, Employee Leave, FMLA, FMLA Leave, Termination, Workplace Investigation by: Kentucky Employment Law Letter
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Employment law attorney Robert P. Tinnin, Jr., answers an HR practitioner’s question about improving a flextime program that has become unmanageable.
Posted in Alternative Work Schedule, Benefits, Employee Morale, Employee Retention, Exempt Employees, FMLA Leave, Handbooks, Handbooks and Policies, New Mexico, Overtime, Policies, Telecommuting, Wage and Hour Law, Work-Life Balance by: New Mexico Employment Law Letter
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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 [...]
Posted in ADA, ADA Accommodation, Age Discrimination, Disability Discrimination, EEOC, Employee Retention, FMLA, Immigration, Layoffs, National Origin Discrimination, Oklahoma, Race Discrimination, Religious Discrimination, Retaliation, Sex Discrimination, Sexual Harassment, Supervisor Training by: Oklahoma Employment Law Letter
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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 [...]
Posted in Connecticut, Exempt Employees, FLSA, Non-exempt Employee, Overtime, Wage and Hour, Wage and Hour Law by: Connecticut Employment Law Letter
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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 [...]
Posted in ADA, ADA Accommodation, ADA Amendments Act, Age Discrimination, COBRA, Disability Discrimination, Document Retention, EEOC, Employee Leave, FMLA, Fair Pay Act, GINA, Maine, Performance Evaluation, Race Discrimination, Retaliation, Sex Discrimination, Sick Leave, State Laws, Supervisor Training, Termination, Wage and Hour by: Maine Employment Law Letter
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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 [...]
Posted in EEOC, Handbooks, Harassment, Missouri, Retaliation, Sexual Harassment, Supervisor Training, Title VII, U.S. Supreme Court, Workplace Bullying by: Missouri Employment Law Letter
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