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Employment Law

Use independent investigation to back up decision to terminate rule-breakers

09/19/2013
Sometimes, it pays to be patient. That’s often true when deciding who to terminate when several people are allegedly involved in rule breaking. Conduct an independent investigation, talk to all the individuals involved and come to conclusions based on what the employees said. That way, there’s a good chance a court won’t second-guess your final decision.

No C-Suite office? You may still be liable for FLSA violations

09/19/2013
A federal appeals court recently ruled that personal liability for violations of the Fair Labor Standards Act extends beyond corporate officers to individuals who exercise control over significant aspects of a company’s day-to-day functions.

California minimum wage to hit $10 per hour in 2016

09/18/2013
By 2016, California may have the nation’s highest minimum wage—$10 per hour—after the state Legislature approved a two-step plan to raise the rate from its current $8 per hour.

Urgent: Explain health insurance options now!

09/17/2013

Employers face a unique benefits communication problem in two weeks, and so far, few are responding well, according to a new survey by insurance company Aflac. The traditional open enrollment season for health benefits coincides this year with the rollout of massive changes driven by Obamacare.

Can we demand employee’s Facebook password so we can access her postings?

09/16/2013
Q. Our company received a report that an employee who called in sick on a Thursday and Friday later posted photos to her Facebook page that indicated she was traveling in another city with friends at the time. It appears she lied to us about being sick. Can we require her to give us her Facebook password so that we can see her online postings?

What are the pros and cons of prohibiting workplace photography?

09/16/2013
Q. We recently saw a news report that an AOL employee was fired for taking a photograph during a meeting. Now we’re wondering: Should we include anything in our employee handbook prohibiting the taking of photographs or videos at work?

Spying shrinks, paranoia at work in state mental hospitals?

09/16/2013
The state’s troubled mental health system is reeling from high-level departures and revelations that psychiatrists were investigating one another without the knowledge of the agency’s chief executive.

Parenting Leave Act changes now in effect

09/16/2013
Amendments to Minnesota’s Par­­ent­­ing Leave Act took effect Aug. 1, expanding the definition of “covered family members” from just children. Now the definition includes not only minor children and those attending school (up to age 20), but also the employee’s own spouse, siblings, adult children, parents, grandparents and step-parents.

Multiple locations? Handle FMLA with care

09/16/2013
Employers with 50 or more employees within 75 miles must provide FMLA leave. If they have multiple locations, they must often provide leave to some em­­ployees but not others. If that’s your situation, beware making blanket handbook statements about FMLA leave eligibility.

For OT, it’s the truck’s weight classification–not the load–that counts

09/16/2013

Employers have long relied on the truck weight classification—not the actual weight the truck is carrying—to determine whether a driver received overtime. That was recently challenged in a class-action lawsuit.