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Employment Law

Steps you should take to derail the FMLA leave abuse train

09/09/2013
Employers face several common struggles when employees take FMLA leave, but there are ways to combat FMLA abuse in the workplace.

Calling supervisor to complain about alleged racial slur is protected activity

09/09/2013
Employees are protected from retaliation for complaining about alleged discrimination. The complaint is considered protected activity. Something as simple as calling a supervisor to complain about a co-worker’s racial slur is protected.

With new regs taking effect, update HIPAA privacy policies ASAP

09/09/2013
The U.S. Department of Health and Human Services has issued final regulations for implementing the Health Information Technology for Economic and Clinical Health (HITECH) Act. The regulations require entities covered by HIPAA to update their privacy policies ASAP. The looming deadline: Sept. 23.

Behind the wheel: Why you need an anti-distracted driving policy

09/06/2013
Many states have laws against texting or talking on cellphones while driving. Absent a clear, tough, enforced policy against distracted driving, employers risk losing millions of dollars in jury verdicts—and contribute to crippling and fatal carnage on the road. You need a clear policy: Employees may not use mobile devices while driving on company business.

2nd Circuit: CEO can be personally liable for FLSA violations

09/06/2013
Here’s a bit of news you may want to pass on to company executives when explaining why they must comply with the letter and the spirit of the FLSA. Tell them they aren’t just putting company assets at risk, but also their own.

Government alleges Madoff made out with employee

09/06/2013
As prosecutors try to unravel Bernie Madoff’s Ponzi scheme, they are finding his personal life a tangled web as well.

Bill would provide leave for domestic abuse victims

09/06/2013
A bill before the New York Legislature would require employers to provide domestic or sexual abuse victims up to 90 days per year of unpaid leave to deal with the effects of the abuse.

Mere worker inconvenience doesn’t warrant a lawsuit

09/06/2013
Denying a request to work from home is just an inconvenience for an em­­ployee. It’s not grounds for a law­­suit since it’s not an adverse employment action, doesn’t create a hostile work environment or justify quitting.

No individual liability under federal, NY layoff notice laws

09/06/2013
Good news for supervisors who help determine who to cut in a reduction in force: Under the federal Worker Adjustment and Retraining Noti­­fi­­ca­­tion Act (WARN) and the New York State version of the law, there is no individual liability for violations.

The clock is ticking: Note exact date employee learned of termination decision

09/06/2013
Former employees have deadlines for filing complaints over their termination or other employment discrimination claims. In most cases, they have to act within 300 days. Missing the deadline means they ­forever lose the right to sue.