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Archive for the 'Arkansas' Category

Can I Get a Second Opinion on Worker’s Readiness to Return from FMLA Leave?

January 24, 2012 at 9:00 pm by: Arkansas Employment Law Letter

by Steve Jones
Q: Can an employer send an employee who is returning from Family and Medical Leave Act (FMLA) leave to a company-appointed physician for a second opinion to verify that he is able to perform the essential functions of his job?

Posted in Arkansas, Employee Leave, Employee Leave, FMLA, FMLA, FMLA Leave, Intermittent Leave by: Arkansas Employment Law Letter
No Comments

I Spy Missing I-9s — What Should HR Do?

June 2, 2011 at 9:00 pm by: Arkansas Employment Law Letter

by Steve Jones
Q: My company recently conducted an I-9 audit and found that we are missing approximately a dozen I-9 forms. I don’t know if they were accidentally purged, filed incorrectly, or never completed. Can we ask the affected employees to fill out another I-9? If so, do we ask them to backdate it or [...]

Posted in Arkansas, Document Retention, Documentation, Documentation, E-Verify, I-9, Immigration, Immigration by: Arkansas Employment Law Letter
2 Comments

How to Screen Job Applicants and Avoid Liability

January 6, 2011 at 9:00 pm by: Arkansas Employment Law Letter

Q: I own and operate a business in which physically demanding work is part of the employees’ daily activities. I recently hired several employees who I thought were qualified for the job. However, I quickly learned that they weren’t in good enough health to do what was required of them. This is causing a lot [...]

Posted in ADA, ADA, ADA Accommodation, ADEA, Age Discrimination, Arkansas, Disability Discrimination, Discrimination and Harassment, Disparate Impact, Disparate Treatment, Hiring, Hiring, National Origin Discrimination, Race Discrimination, Religious Discrimination, Sex Discrimination, Title VII, Workplace Discrimination by: Arkansas Employment Law Letter
1 Comment

Is Obesity a Disability? Fat Chance!

August 12, 2010 at 9:00 pm by: Arkansas Employment Law Letter

by Gary Jiles
Q: Can an employee be fired for being so obese that he can’t do his job? In other words, is obesity a disability protected by law?
Americans with Disablities (ADA) Compliance Manual

Posted in ADA, Arkansas, DOL, Disability Discrimination, Termination by: Arkansas Employment Law Letter
2 Comments

How Can Employers Avoid Legal Issues When Firing Employees?

January 30, 2009 at 12:53 pm by: Arkansas Employment Law Letter

by Gary Jiles
Q: Everywhere you turn right now, you hear bad news about the economy. As a small-business owner, I’m afraid I’ll have to resort to letting go of several hourly employees. Like other employers, I’ve dealt with Equal Employment Opportunity Commission (EEOC) charges from employees, and I have many [...]

Posted in Arkansas, FMLA, Layoffs, Termination, Workplace Discrimination by: Arkansas Employment Law Letter
No Comments

When Must Employers Pay Mileage Reimbursements?

September 19, 2008 at 9:17 am by: Arkansas Employment Law Letter

by Gary Jiles
Q: The continuing increase in gas prices has caused me some concern lately because I often have to send my employees on work-related errands or trips. When and how much am I required to reimburse my employees for mileage, or am I even required to reimburse them at all? [...]

Posted in Arkansas, Travel Time by: Arkansas Employment Law Letter
1 Comment

Looking at the Basics of a 401(k) Plan

July 11, 2008 at 10:54 am by: Arkansas Employment Law Letter

by Gary Jiles
Q. How do I go about starting a 401(k) plan for my employees, and what are some of the general requirements?
Keep up with the latest changes in laws regarding employee benefits with the Benefits and Compensation Law Alert.

Posted in Arkansas, Benefits, Retirement Plans by: Arkansas Employment Law Letter
No Comments

Ministers in the Workplace

February 8, 2008 at 2:03 pm by: Arkansas Employment Law Letter

Normally, employees take their work-related problems to HR departments. They may, for personal problems, bend the ear of a concerned manager or supervisor. More and more, however, employers have begun to use what they believe to be an even better approach to the needs of their employees: corporate chaplains. In an effort to create the [...]

Posted in Arkansas, Benefits, Employee Privacy by: Arkansas Employment Law Letter
No Comments

NLRB Issues Two More ‘Supervisor’ Decisions

January 5, 2007 at 9:27 am by: Arkansas Employment Law Letter

The National Labor Relations Board (NLRB) has recently decided two more “supervisor” cases under its new standard. The decisions are in addition to one the Board recently issued that shed some light on the often murky question of which employees are considered supervisors rather than “lead employees” under the National Labor [...]

Posted in Arkansas, NLRA, NLRB, U.S. Supreme Court, Unions by: Arkansas Employment Law Letter
No Comments

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