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HR best practices, employment law tips, news and analysis, Q&As, and lessons learned from the courtroom.
(Update May 26, 2009 – California Supreme Court rules that same-sex marriage ban — Proposition 8 — passed by voters in November 2008 is legal but 18,000 same-sex marriages performed before the ban was approved are valid.) A recent decision by the California Supreme Court on same-sex marriage may have implications for employers in other […]
by Kara Shea In a previous article, I discussed the risks of some of the methods employers use to forestall layoffs (such as adjusting hours and compensation). This week, I’m going to assume the worst has happened and talk you through a layoff scenario, with the goal of reducing the risk of wrongful discharge claims […]
by Kara Shea We’ve received many questions lately from employers facing tremendous pressure to reduce their operating expenses. Some proposed cost-cutting efforts implicate various employment laws. Since things may get worse before they get better, I’m undertaking a series of articles to address some of the issues you may encounter in the months ahead. I’ll […]
In today’s technological climate, it seems that almost every employee, from the CEO to the rank-and-file worker, uses some type of personal digital assistant (PDA) or BlackBerry® device. PDAs, BlackBerries®, iPhones®, and other so called “smart phones” have a number of uses: calculator, clock, calendar, video recorder, address book, word processor, radio, and even Global […]
(Updated February 4, 2010) In March of 2008, the Equal Employment Opportunity Commission (EEOC) addressed an issue employers may face more frequently than ever before: What obligations does the Americans with Disabilities Act (ADA) place on employers with regard to employees who have posttraumatic stress disorder (PTSD)? HR Guide to Employment Law: A practical compliance […]
by Sarah McAdams Nearly three-quarters of employees are stressed about money — and 45% say their financial worries make it harder for them to do their jobs, according to a Workplace Options survey. Current predictions about the economy surely won’t improve matters. “The key source of people’s money stress is far deeper than where to […]
by Alyssa Yatsko Under the Family and Medical Leave Act (FMLA), an employee has two years from the date of an FMLA violation to file a lawsuit against his employer. If the violation was “willful,” however, the employee has three years to file the lawsuit. Up until now, the Tenth U.S. Circuit Court of Appeals […]
by Gary Jiles Q. How do I go about starting a 401(k) plan for my employees, and what are some of the general requirements? Keep up with the latest changes in laws regarding employee benefits with the Benefits and Compensation Law Alert. A. Choosing to offer a 401(k) retirement savings plan for your employees is […]
Many employers are shocked when they see how quickly a single complaint by an employee for unpaid overtime can turn into a collective-action lawsuit under the federal Fair Labor Standards Act (FLSA) and state labor laws. Unlike discrimination claims filed under Title VII of the Civil Rights Act of 1964, there is no requirement that […]
Summer is in full swing so it’s time to make sure employees stay safe in the hot weather. The Occupational Safety and Health Administration (OSHA) doesn’t have a specific standard for addressing heat stress. However, the agency has previously issued citations to employers that have allowed employees to be exposed to a risk of serious […]