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Employment Law

Colorado partners with IRS on employment tax enforcement

04/01/2008
Colorado is one of 29 states that have signed memoranda of understanding with the IRS to share enforcement information on employment tax collection. The move is part of the IRS’ Questionable Employment Tax Practices (QETP) initiative …

Labor Department publishes proposed new FMLA regulations

04/01/2008
On Feb. 11, 2008, the U.S. Labor Department published proposed regulations interpreting the FMLA of 1993. The department also published new draft forms for use in processing FMLA leave requests. Interested parties have until April 11, 2008, to submit comments on the proposed regulations …

Payroll records: Timekeeping for exempt, nonexempt workers

04/01/2008
Federal wage-and-hour laws require you to have a reliable system to accurately keep track of employees’ hours and pay. Casual timekeeping systems can easily trigger a back-wage lawsuit. Companies subject to the Fair Labor Standards Act must keep records for both nonexempt and exempt employees …

What’s the law on demanding a nonsmoking work force?

04/01/2008
Q. The media often have stories about companies that adopt a “no-smoker” policy in order to save on health insurance costs, and force their staffs to quit smoking to keep their jobs. Can my Colorado company do this? …

Good health incentives in the workplace

04/01/2008
Q. Our staff is wondering why we haven’t implemented a wellness program at work to motivate people to learn and practice good health habits. Are there any restrictions on this? …

Track performance improvement plans by protected category

04/01/2008
Employers frequently design performance improvement plans (PIPs) for underperforming employees. But the way managers choose which employees to place on PIPs can have serious consequences. Here’s how to make sure your PIP system is fair—and legal …

Title VII may apply to some independent contractors

04/01/2008
Title VII of the Civil Rights Act (the legal basis of many discrimination lawsuits) applies to anyone over whom an employer exercises control—that is, dictating the “manner and means” by which the individual performs the job. That means the law may cover even an otherwise independent contractor …

Getting legal advice? Be prepared to show court the details

04/01/2008
Sometimes, despite uncertainty about whether or not discrimination has occurred, you still may have to fire an employee. But what if you turn out to be wrong? Will that mean a huge punitive damages award? Not if you can show that before the decision was made, you consulted an attorney. That’s right: Calling in the lawyers is the best insurance—if you do it right …

Not a close call: Claustrophobia isn’t an ADA disability

04/01/2008
Not every mental or physical condition is a disability under the ADA. Consider claustrophobia. Though the condition, which involves the inability to remain in a confined space such as an elevator, may be a legitimate psychiatric condition, it does not necessarily prevent those who suffer from it from living a relatively normal life …

Applicant claims disability? Track how you handle hiring

04/01/2008
You probably have had people who claim they are disabled apply for open positions with your organization. How you handle each application can have a great impact: If you handle them incorrectly, you’re asking for a lawsuit. That’s why it’s crucial for HR to monitor what happens to each employment application …