Archive for the 'Indiana' Category
by Joseph C. Pettygrove
Most employers recognize that there are times when employees have legitimate reasons to miss work, be tardy, or leave early. Unfortunately, it’s not uncommon to suspect an employee’s stated reason for an absence (or a recurring absence) is a lie. Take, for instance, a worker who is repeatedly “sick” the Monday after [...]
Posted in ADA, ADA, ADA Accommodation, Absenteeism, Discipline, Discipline and Employee Misconduct, Employee Leave, Employee Leave, FMLA, FMLA, FMLA Military Leave, Handbooks, Handbooks and Policies, Indiana, Intermittent Leave, Jury Duty, Military Service, Paid Time Off, Policies by: Indiana Employment Law Letter
1 Comment
by Joseph C. Pettygrove
The Family and Medical Leave Act (FMLA) was very complicated when it was originally enacted in 1993. The sheer number of complaints filed with the U.S. Department of Labor (DOL) and the courts since then confirms that employers and employees have long disagreed about how the law applies in their individual circumstances.
Posted in ADA, ADA Accommodation, Absenteeism, DOL, Employee Leave, FMLA, FMLA, FMLA Leave, HIPAA, Indiana, Termination, Terminations by: Indiana Employment Law Letter
1 Comment
by Joseph C. Pettygrove
Employers are increasingly looking at the feasibility of scanning hard copies of various types of employment documents and retaining only the electronic copies in the routine course of business. Generally speaking, you are allowed to do that if you ensure that your electronic record maintenance systems are secure, accurate, reliable, and accessible [...]
Posted in Absenteeism, Background Checks, Benefits, COBRA, DOL, Discipline, Document Retention, Documentation, E-Discovery, EEOC, Electronic Workplace, FLSA, FMLA, FMLA, Handbooks, Handbooks and Policies, Hiring, Hiring, I-9, IRS, Indiana, Interviewing, Job Descriptions, OSHA, Performance Evaluation, Recruiting, Wage and Hour Law, Workers Compensation, Workplace Technology by: Indiana Employment Law Letter
1 Comment
by Brian Burbrink
According to the National Institute on Alcohol Abuse and Alcoholism, 17.6 million people — about one in 12 adults — abuse alcohol. Based on the statistics, odds are good that one or more of your employees suffers from alcoholism and may need treatment. The case illustrations below provide insight into avoiding liability under [...]
Posted in ADA, ADA Accommodation, Absenteeism, Disability Discrimination, Discipline, Employee Leave, FMLA, FMLA Leave, Indiana, Retaliation, Termination, Workplace Discrimination by: Indiana Employment Law Letter
No Comments
by Susan W. Kline
Recent economic conditions have caused a number of employers to reduce staff. In response to this trend, the Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), has issued [...]
Posted in ADEA, Age Discrimination, Discrimination and Harassment, EEOC, Indiana, OWBPA, Severance Agreements, Title VII by: Indiana Employment Law Letter
No Comments
by Brian R. Garrison
Most employers know that federal and state civil rights laws prevent them from discriminating against employees on the basis of their religious beliefs and practices. But when you hear the phrase “reasonable accommodation,” you usually think of your duty under the Americans with Disabilities Act (ADA) to accommodate an employee with a disability. [...]
Posted in Discrimination and Harassment, Dress Code, Handbooks, Indiana, Religious Accommodation, Religious Discrimination, Safety in the Workplace, Title VII by: Indiana Employment Law Letter
No Comments
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 [...]
Posted in ADA, ADA Accommodation, ADA Amendments Act, Absenteeism, Disability Discrimination, Indiana by: Indiana Employment Law Letter
No Comments
by Brian R. Garrison
By now, most everyone has heard about organized labor’s biggest priority, the Employee Free Choice Act (EFCA) — an unprecedented attempt by labor unions to organize non-union employers. But while the EFCA has garnered the lion’s share of media attention, a recent less publicized change may have a similar impact on federal [...]
Posted in Indiana, NLRA, NLRB, Unions by: Indiana Employment Law Letter
No Comments
A little-known provision of the Family and Medical Leave Act (FMLA) makes treatment by a chiropractor different from treatment by almost any other health care provider. Let’s take a closer look at that provision.
HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including FMLA
Posted in Absenteeism, FMLA, FMLA Leave, Indiana, Intermittent Leave by: Indiana Employment Law Letter
No Comments
As employers know, certain employees aren’t entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). The most common exemptions include the executive, administrative, and professional exemptions. Because the administrative exemption is more nebulous than the executive and professional exemptions, employers often misclassify non-exempt workers as exempt administrative [...]
Posted in Exempt Employees, FLSA, Indiana, Minimum Wage, Non-exempt Employee, Overtime, Wage and Hour by: Indiana Employment Law Letter
No Comments