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Employment Law

New rules make it easier to appeal health claim denials

10/13/2010
Regulations released last month by the U.S. Department of Labor guarantee people the right to appeal health insurance claims denials directly to their insurers—and then, if necessary, to an external review board.

Make sure managers know laws against employee discrimination

10/12/2010

Last year, U.S. employees filed the second highest number of EEOC complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require treating all applicants and employees equally. But do your organization’s supervisors understand the relevant laws? Pass along this primer on federal anti-bias laws to make sure your compliance efforts start right on the front line.

Disabled vet charges nepotism at Bay Pines VA

10/12/2010
Disabled veteran Tracy Kendall’s odyssey in pursuit of an engineering technician job at Bay Pines VA Medical Center near St. Petersburg has taken him from mopping floors to the home of the head of the Department of Veterans Affairs—but it still hasn’t landed him the job.

How to draft a social networking company policy

10/12/2010
According to a recent survey, 22% of employees say they use some form of social networking five or more times per week, and 15% admit they access social networking while at work for personal reasons. Yet, only 22% of companies have a formal policy that guides employees in how they can use social networking at work. Here’s why you need one—and what it should include.

Casual question about bias isn’t protected activity

10/12/2010
Can a simple inquiry about discrimination become the basis for a lawsuit? No, according to the 11th Circuit.

Good-faith treatment for all is good policy, and good protection against lawsuits, too

10/12/2010

Employees who claim they have been discriminated against typically have to show that their employers singled them out for poor treatment because of a protected characteristic. It’s easy for employers to counter that if they can show they always act in good faith. The best way to do that is to apply the rules equally to every employee.

Handle firing with care if employee has complained about alleged corporate wrongdoing

10/12/2010

Employers that want to terminate employees who have complained about pressure to engage in criminal activity must make sure the termination process is flawless. It’s especially important to be able to articulate in very concrete terms an underlying, legitimate reason for the firing—one that can’t be mistaken as a pretext for getting rid of a troublemaker.

Firing new mother? Better have a good reason

10/12/2010

Terminating someone who is pregnant or who just gave birth can be dangerous. If you must fire her, make sure you can provide clear and consistent reasons. Tell supervisors they should never make comments that sound as if the real reason is pregnancy.

On eve of flu season, know what FMLA covers

10/12/2010

After last year’s swine flu scare, there’s good reason to worry about the upcoming flu season. A serious outbreak could incapacitate employers operating with lean staffing. Some employees may want to take time off if they suspect they’re coming down with the flu. And at least some of those workers may assume that sick time off will be covered by the FMLA. That’s where things get tricky.

Did child labor penalties just get tougher?

10/12/2010
Q. I heard that the U.S. Department of Labor recently implemented tougher penalties against employers that illegally employ child workers. How have these penalties changed?