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Employment Law

Use lots of independent contractors? Heed new legal risks

07/01/2006

Same work, fewer expenses and less hassle. That’s the perceived advantage of using independent contractors. And the mantra has its appeal. But many employers have opted for freelancers only to find a new set of problems: lack of control, unreliable workers and, in some cases, litigation …

Identity theft: How far must you go to protect workers’ data?

07/01/2006

The federal Fair and Accurate Credit Transaction Act (FACTA) of 2003 says businesses that negligently or purposely allow employees’ or customers’ personally identifiable data to fall into the wrong hands can face fines of up to $2,500 per infraction …

THREE CHAMPAGNE BOTTLES … TWO DIFFERENT PENALTIES

07/01/2006

Q. Two employees went to breakfast and drank three bottles of champagne to celebrate one’s birthday. One employee is an exempt employee who has been with us for seven years. The other is an hourly employee with the company for one month. I’d like to treat them differently: terminate the hourly employee and suspend the exempt employee for a week. Is that possible? —D.M., California

Job-Offer Letters: To Sign or Not to Sign

07/01/2006

Q. Is it wrong to ask new hires to sign job-offer letters? We ask for a signed copy as part of documenting that they were informed that employment was “at will.” Is this inadvisable? —T.U., North Carolina

Use payroll deduction to collect unpaid premiums

07/01/2006

Q. An employee went on FMLA leave, but we failed to specify the method in which he would pay his share of health insurance premiums. It’s now three months later, the employee has returned to work and he hasn’t paid a dime. We want to collect the premium. What can we do? —D.T., Texas

Don’t tolerate employees’ abuse of union rights

07/01/2006

Q. One of our employees (a bus driver) also serves as a committee member for a labor union. The driver uses his union position to protect himself from our company’s policy on insubordination. Does management have a right to ban this employee from the property when he conducts labor business because of his combative, disrespectful and intimidating manner? What rights does management have under this circumstance? —S. G., Florida

Tighten I-9 practices in advance of new legislation

06/01/2006

While Congress tries to hammer out the biggest immigration law changes in decades, Homeland Security is already cracking down. These developments will likely add new responsibilities and risks to your I-9 and visa practices …

Set rules on personal use of company cars

06/01/2006

During his lunch break, an employee at a California car dealership drove a company car on a personal errand. He rear-ended another car and injured the driver, who sued the car dealership and won $277,662 in damages. The dealership’s handbook offered no specifics regarding personal use of company property …

New guidelines sound alarm on race, color bias

06/01/2006

The EEOC just revamped its guidance on racial and color discrimination in the workplace. These changes signal increased race-bias enforcement, plus more EEOC attention to "subtle" discrimination …

FMLA absence shouldn’t trigger attendance penalty

06/01/2006

Q. We have a point system for absences and lateness. Our no-fault attendance policy states that if employees call off after the start of their shift, they’ll receive two points. What if the reason for the absence is covered by the FMLA? Should the employee still receive the two points? —C.S., Florida