What is the biggest employment law challenge employers have been facing thus far in 2010? An easy answer might be health care reform since companies have indeed started wrestling with whether to grandfather their benefits plans or strike off in a new direction under new sets of rules and regulations.
But for many employment law attorneys [...]

A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see what happens next.
Last year, a record number of immigration-related laws were considered and passed in the 50 states. Over 222 [...]

by Paul Ross
As veterans of employment litigation can tell you, employment discrimination claims are rarely supported by direct evidence of discriminatory decision making. In the overwhelming majority of cases, employees support their entire case with circumstantial evidence.

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 [...]

by Charles S. Plumb
Understanding and applying the rules of the Family and Medical Leave Act (FMLA) causes employers and HR professionals untold frustration — frustration that’s heightened by employees who unfairly take advantage of the Act and its complexities. Here are some practical suggestions for enforcing the FMLA and cutting down on FMLA abuse in [...]

by Kathy Neal
Many things can be scary for the unseasoned HR manager, particularly when it comes to wage and hour law. One of the scariest areas involves pay deductions.

by Dara Wanzer
Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be a [...]

For many employees, the need to care for sick or very young family members weighs more heavily these days. Jobs are scarce, and staying employed is crucial, but family needs don’t magically disappear. While the Family and Medical Leave Act (FMLA) allows unpaid employee leave to care for others, it doesn’t apply to all employers, [...]

by Rachel Blue
Lately, we’ve seen a lot of employees walking out of buildings and plants with boxes of framed photos from their desks or lockers, and maybe a severance check in an envelope. The job cuts this time are deeper, and the next job may be further away than in the past. As a result, [...]

The Worker Adjustment and Retraining Notification Act (WARN Act) requires employers with 100 or more workers to provide 60 days’ advance notice of a plant closing or mass layoff. Sometimes employers need to act quickly to lay off employees and can’t provide the 60 days’ notice required by the WARN [...]