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Employment Law

Emotional outburst? Respond with patience, calm

04/29/2013
Occasionally, we all have to deal with overly emotional ­employees. Handling them requires a mature and measured response, especially if it looks like you may have to discipline them.

GOP may try blocking Obama NLRB nominees

04/29/2013
President Obama’s picks to fill vacancies on the National Labor Relations Board face stiff opposition from some Republican senators who continue to object to controversial “recess appointments” that occurred in 2012.

Feds revise I-9 form, propose new payroll regs

04/26/2013
The federal government has been busy adding to its regulatory agenda. Here’s the latest news from the regulations front about the new Form I-9, proposed regs on truncated TINs and proposed regs on payroll agents.

Is our ‘working supervisor’ properly classified?

04/25/2013
Q. We have an hourly worker who oversees both the maintenance and housekeeping departments and supervises two employees. In this job, he has the authority to hire and fire. However, he is also a “working” supervisor who performs maintenance in and around the property. Can his status be changed to salary/exempt?

From workers’ comp to part time: Can we reduce employee’s leave benefits?

04/25/2013
Q. We have an employee who was out on workers’ comp and has recently returned to work part time. (She is still collecting partial workers’ comp benefits.) Can we adjust her vacation and personal leave time to reflect the limited hours she’s working, or is she entitled to the full amount of days?

Prepare now for the data breach that will inevitably hit you

04/25/2013
Most companies maintain large amounts of data about their employees, some of which may be considered personally identifiable information. It must be carefully guarded to ensure employee privacy and prevent identity theft. You must understand the relevant laws and your obligations to protect employee data.

Supremes to hear U.S. Steel ‘changing clothes’ case

04/25/2013
The U.S. Supreme Court has agreed to hear a case involving Pittsburgh-based U.S. Steel. Workers at the company’s Gary, Ind., plant claim they should be compensated for the time it takes them to change clothes for work at the work site.

Court: ADA class-actions generally won’t fly

04/25/2013
Because the ADA requires employees to show they are disabled based on individual restrictions, a class-action lawsuit against an employer isn’t appropriate in most cases.

Courts lose patience with hypersensitive employees

04/25/2013
Courts are getting quicker with the gavel when it looks like a lawsuit might have been filed by an overly sensitive employee who perceives vague comments as harassment.

How to draw DOL scrutiny: Withhold pay, fudge time sheets

04/25/2013

The DOL’s Wage and Hour Division doesn’t want to see any funny business when it comes to accurately recording hours worked or paying employees on time. Don’t even think about manipulating payroll systems. Doing so will result in double damages going back three years.