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Employment Law

Make sure employee handbook supports compliance with leave laws

03/04/2011
Employers are generally free to develop their own internal policies, but many laws require employers to notify employees of those policies. Consider the case of Jones v. City of Atlantic City in which an FMLA dispute revealed that Atlantic City hadn’t updated its handbook in 13 years. In fact, the last update happened two months before the FMLA was signed into law.

Benefits 101: Understanding fundamental ERISA compliance

03/04/2011
The Employee Retirement Income Security Act of 1974 sets minimum standards for retirement and health benefit plans in private industry. ERISA does not require any employer to establish a plan. It only requires those that do to meet certain standards. Complying with ERISA can be difficult because it is a complex law. There are three components to compliance:

Don’t grant unlimited leave as ADA accommodation

03/04/2011

Employees who use up their FMLA leave may still be entitled to more time off when that leave expires. Some additional time off can be a legitimate reasonable accommodation under the ADA. But if the employee still can’t return after additional leave, it may be time to discuss termination.

Applicant suing for failure-to-hire? Make sure she really did apply for the job

03/04/2011

Score one for common sense: People who want a job they see posted have to apply before they can sue for not getting it. A phone call to HR that was never returned can’t be grounds for a failure-to-hire lawsuit.

Opposing unemployment comp isn’t retaliation

03/04/2011
A federal court has dismissed a case that could have created big headaches for any employer trying to prevent a discharged employee from receiving unemployment compensation benefits.

Make sure managers understand: They may be personally liable for racial slurs

03/04/2011
Here’s some food for thought you may want to pass along to supervisors, managers and your colleagues in HR who deal directly with employees. If they are actively involved in any activity that creates a hostile work environment, they may find themselves personally liable as an aider and abettor.

Employees’ pockets picked while being frisked?

03/04/2011
Employees at Century 21 Department Stores in New York City and Long Island undergo searches every time they leave the store for breaks and at the end of the day. They say the process sometimes takes 15 minutes or longer. The problem: Century 21 makes them clock out first. Employees say that violates the FLSA.

Personality clash or gay bias? Courts decide

03/04/2011
In New York, employees are protected from discrimination based on their sexual orientation. Just as in other discrimination cases, when the conflict is between supervisor and subordinate, courts try to sort out whether the problem is a case of personality conflict or sexual orientation discrimination.

Warn bosses: No retaliation for complaining

03/04/2011

Some supervisors can’t or won’t refrain from finding ways to punish employees who complain about alleged harassment or discrimination. That’s why it’s important for someone in HR to follow up on every complaint—even if it turns out to be unfounded—and ask whether there’s been any retaliation.

What can employers opting out of workers’ comp do to minimize the threat of lawsuits?

03/04/2011
Q. My company is a nonsubscriber under the Texas Workers’ Compensation Act and has its own on-the-job employee injury benefit plan. Is there any way to decrease the likelihood of employees who receive benefits under the plan later suing the company and recovering damages related to their injuries?