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by Robert P. Tinnin, Jr. Q. In January of this year, amendments to the Family and Medical Leave Act (FMLA) became effective, adding certain types of leave for family members to help relatives serving in the military. I understand the leave is available for a “qualifying exigency.” What is that? I recently had an employee […]
The Equal Employment Opportunity Commission (EEOC) is in the middle of its E-Race Initiative, which is designed to eliminate race and color discrimination in the workplace by identifying issues that contribute to it. The commission intends to achieve its goals for the E-Race Initiative by 2013. Two factors it’s currently addressing are associational discrimination and […]
by John Vering On April 17,2008 the Equal Employment Opportunity Commission (EEOC) announced that Wal-Mart Stores, Inc., had agreed to pay $300,000 to a Hardin, Missouri man to settle a disability discrimination lawsuit. In addition, Wal-Mart agreed to provide training on the Americans with Disabilities Act (ADA) to managers at its Richmond, Missouri store, notify […]
Q We run a fine-dining restaurant in which the ambient atmosphere is an integral part of our business. We host many business lunches and other professional-type meetings because of the quiet and relaxed environment. That environment has changed a little bit lately as the result of our new hostess, Kimberly. Kimberly is quite the talker. […]
by Tracey A. Cullen It’s no news flash that companies must proceed with caution when classifying someone who provides them with services as an independent contractor. Independent contractors are paid flat fees without tax deductions or employment taxes. Employees are paid salaries subject to withholding, FICA, FUTA, and other employment taxes and are protected under […]
Q We run a fine-dining restaurant in which the ambient atmosphere is an integral part of our business. We host many business lunches and other professional-type meetings because of the quiet and relaxed environment. That environment has changed a little bit lately as the result of our new hostess, Kimberly. Kimberly is quite the talker. […]
(Updated Dec. 30, 2009) Q. We have an employee who works as an administrative assistant. She was recently in a car accident and injured her arm, hand, and wrist. Her main job duty is to transcribe documents. That often requires her to type for hours at a time. She also is responsible for taking handwritten […]
At a top-level management meeting of Unsafe Corporation, located in midtown Manhattan, the newest addition to the legal department, Eager Beaver, inquired into the company’s efforts to ensure Occupational Safety and Health Act (OSH Act) compliance. Laughter was heard around the table, punctuated by the CEO chiding, “The OSH Act doesn’t apply to us. Where […]
In 2006, the U.S. Supreme Court issued an opinion expanding the range of employer conduct that employees could use to support a retaliation claim. But as with anything new, questions immediately arose. Is a dirty look now considered retaliatory? An off-putting e-mail? What about a humiliating public censure? This uncertainty left employers understandably concerned. But […]
In a democracy, social issues regularly become political issues, and solutions (including compromises) are worked out through public elections. Since employers and unions are frequently on opposite sides of key issues, both attempt to involve the public and spend extensively to support their respective positions or solutions. Both the short- and long-term ramifications of this […]