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Employment Law

Use the calendar-year method to tame the intermittent FMLA leave beast

11/10/2008

Employees who take intermittent leave can wreak havoc with work schedules. Because their conditions can flare up at any time, their absences are by nature unpredictable. But there are ways you can legally curtail intermittent leave. One way is to use the calendar-year method to set FMLA leave eligibility.

Cutting senior staff to save salary costs? Check impact on older workers

11/10/2008

One way to reduce your labor budget is to terminate staff members who are paid the most and replace them with employees who earn less. But be careful before you implement a layoff based on seniority.

Beware potential new source of lawsuits: Lawyers try RICO in discrimination case

11/10/2008

Lawyers are always looking for novel ways to sue on behalf of employees. One such recent attempt involves trying to apply the RICO Act—originally meant to combat organized crime—against employers. If successful, such lawsuits could result in more than lost dollars: Managers and supervisors could go to jail.

Changing employment contract? Get agreement in writing

11/10/2008

If some of your employees work under an employment contract that sets salary and other terms, be careful about changing anything. While you may need to cut salaries during tough economic times, doing so without getting a written modification is risky.

Include clear nonsolicitation language in agreement

11/10/2008

Don’t be shy about restricting employees from stealing customers when they leave. Your best bet is to include specific language and examples of the sort of solicitation you want to ban.

Cleveland NASA building gets clean bill of health

11/10/2008

The National Institute of Occupational Safety and Health (NIOSH) has released a survey indicating that two buildings at the NASA Lewis Research Center in Cleveland did not cause cancer among employees. The union representing some NASA employees says it isn’t satisfied.

New workers’ comp law stops double coverage for out-of-staters

11/10/2008

Senate Bill 334, which became Ohio law in October, eliminated a significant financial burden for roughly 40,000 Ohio employers that were paying workers’ compensation premiums twice to cover out-of-state workers.

Laser Saver owner pleads guilty to stealing 401(k) contributions

11/10/2008

Gregory Lockhart, owner of Laser Saver Inc., a printer cartridge remanufacturer in Columbus, has pleaded guilty to willful failure to file financial reports for the company’s 401(k) plan with the U.S. Department of Labor.

Kroger Company accused of race discrimination

11/10/2008

Luther Spears worked for the Kroger Company for 24 years. He repeatedly applied for management positions in the produce department, but was never promoted. Meanwhile, Spears, who is black, trained younger white employees who were promoted over him. Spears finally filed a complaint with the EEOC …

Breakdown of ADA interactive process may equal constructive discharge

11/10/2008

A recent federal appeals court decision shows how risky it is to ignore the interactive accommodations process spelled out in the ADA. In Talley v. Family Dollar Stores of Ohio (6th Cir.), the court held that the breakdown of the interactive process can, in and of itself, constitute a constructive discharge of an employee.