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by David S. Fortney, Fortney & Scott, LLC Well-counseled employers know their company’s compensation systems increasingly are subject to enforcement actions and litigation challenges. The trend of employers facing significant challenges to their compensation systems is both continuing and accelerating. Recent developments include renewed efforts by the White House to enact legislation to increase employers’ […]
by Joseph C. Pettygrove Employers are increasingly looking at the feasibility of scanning hard copies of various types of employment documents and retaining only the electronic copies in the routine course of business. Generally speaking, you are allowed to do that if you ensure that your electronic record maintenance systems are secure, accurate, reliable, and […]
by Gary Jiles Q: Can an employee be fired for being so obese that he can’t do his job? In other words, is obesity a disability protected by law? Americans with Disablities (ADA) Compliance Manual A: The employee must be qualified to do his job or he faces termination. With a few exceptions, the latest […]
By now, most people have probably heard about Steven Slater, the JetBlue flight attendant who became America’s newest so-called “folk hero” after he told off a difficult passenger, grabbed a beer, and exited a plane via the inflatable emergency chute. We decided to ask several employment law attorneys — all members of the Employers Counsel […]
The Fair Labor Standards Act (FLSA), the federal law that governs wages and overtime pay, has been the topic of numerous articles in state Employment Law Letters. We’ve reported on the rise of wage and hour lawsuits filed state courts and we highlighted what federal courts consider “acceptable terms” for an FLSA settlement agreement What […]
A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see what happens next. Last year, a record number of immigration-related laws were considered and passed in the 50 states. Over […]
Earlier this week, the Americans with Disabilities Act (ADA) passed a major milestone when it turned 20 years old. Like most 20-year-olds, it (1) didn’t get this far without some growing pains and (2) still has a ways to go before reaching full maturity. Let’s take a look back at where the law began, how […]
by J. Robert Brame, McGuireWoods LLP In the 1990s, there was a growing concern about the “criminalization” of corporate law, in part justified by the passage of the Sarbanes-Oxley Act, which placed real criminal risks on top managers. While Sarbanes-Oxley was no threat to HR managers at first, innovative prosecutors and plaintiffs’ attorneys are changing […]
by Robert C. Nagle Employers can expect increased enforcement efforts from federal and state labor and tax authorities over what’s believed to be a rising tide of misclassification of employees as “independent contractors.” There can be significant payroll savings associated with classifying workers as contractors. For example, employers typically aren’t required to withhold or pay […]
Q&A with Jamie Naughton, Cruise Ship Captain at Zappos.com Q: What’s the secret to getting on Fortune‘s “100 Best Companies to Work for in America” list? A: I don’t know if there’s a secret but I do know what they look for. Two thirds of the score is based solely off of what your employees […]