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News Notes: Mandatory Employee Furloughs Require Caution

With the economic slowdown, if you’re tempted to ask employees to take time off to cut costs and avoid layoffs, you probably won’t have legal problems with nonexempt, nonunion employees, but use caution when it comes to exempt workers. Under the wage and hour laws, you can’t dock the pay of exempt employees, because they […]

Comment period for rule on federal contractor compensation data extended

The U.S. Department of Labor (DOL) has extended the comment period for a proposed rule that would require federal contractors and subcontractors to submit an annual equal pay report to the Office of Federal Contract Compliance Programs (OFCCP). The 60-day extension means comments must be submitted by January 5, 2015. Interested parties can read and […]

Pig Farm Worker Loses Job and Retaliation Claim

A Midwestern farm company that fired a manager on the day he was due to return from FMLA leave has withstood the ex-employee’s allegations of FMLA retaliation and interference in a 6th U.S. Circuit Court of Appeals ruling affirming a district court decision. The case is Winterhalter v. Dykhuis Farms, Inc., No. 11-1743 (July 23, […]

News Notes: Employer Must Consider Reassigning Disabled Employee To Positions At Equivalent Pay Level

A recent ruling by the federal Ninth Circuit Court of Appeals helps clarify which positions disabled employees must be considered for when they can’t perform their present job. Rodney McLean was a postal clerk until his physical condition prevented him from performing his duties. Although he identified many vacant positions at the same pay level […]

National-Origin Discrimination, Part 1: EEOC Issues New Guidance; What You Need to Know

Because of increasing diversity in the workforce—and a spike in discrimination complaints since the events of Sept. 11, 2001—taking steps to avoid national-origin bias is more critical than ever. Now, the U.S. Equal Employment Opportunity Commission has released updated guidelines to help employers understand the prohibitions against national-origin discrimination and to suggest best practices for […]

Short Takes: Benefits

Once we hire an employee, we provide full medical, dental, and vision insurance coverage to the employee, spouse, and children. Are we able to request marriage certificates and birth certificates for eligible family members for the purpose of insurance benefits? We have found that employees will often list nonrelatives for insurance benefits (e.g., a boyfriend, […]

Hiring: What Are the Pitfalls of Hiring Internet Applicants?

Just in the past year, we’ve started doing almost all of our hiring through online sources. In some ways, it works very well, but I’m becoming increasingly concerned that we’re sort of losing control of what was a pretty solid commitment to diversity. Are we exposing ourselves to discrimination and affirmative action problems by recruiting […]

More penalties under ACA? The cost of failure to file went up

by Jamie Brabston As employers prepare to comply with the upcoming information-reporting requirements of the Affordable Care Act (ACA), which remain in place after the Supreme Court’s decision in King v. Burwell, Congress snuck higher penalties for failing to meet those requirements into a trade bill. House Resolution (HR) 1295, known as the Trade Preferences […]