Tag: Baker & Daniels

Using Attendance Policies to Minimize Chronic Absenteeism at Work

by Joseph C. Pettygrove Most employers recognize that there are times when employees have legitimate reasons to miss work, be tardy, or leave early. Unfortunately, it’s not uncommon to suspect an employee’s stated reason for an absence (or a recurring absence) is a lie. Take, for instance, a worker who is repeatedly “sick” the Monday […]

Trying to Go Paperless? Guidelines for Electronic Personnel Documents

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 […]

Alcoholism and ADA, FMLA Liability:What Employers Need to Know

by Brian Burbrink According to the National Institute on Alcohol Abuse and Alcoholism, 17.6 million people — about one in 12 adults — abuse alcohol. Based on the statistics, odds are good that one or more of your employees suffers from alcoholism and may need treatment. The case illustrations below provide insight into avoiding liability […]

‘Bring-Your-Gun to-Work’ Bill Awaits Governor’s Signature

by David Wagner, Mitzi Martin, and Susan Kline Late Thursday, the Indiana Legislature passed, with overwhelming support, a bill prohibiting employers from keeping employees’ legally-possessed firearms off their property, so long as the firearms are kept out of sight in a locked vehicle. The bill, which mirrors laws in 12 states and was supported by […]

EEOC Guidance on Waivers in Severance Agreements

by Susan W. Kline Recent economic conditions have caused a number of employers to reduce staff. In response to this trend, the Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), has […]

Addressing Employees’ Religious Beliefs and Practices in the Workplace

by Brian R. Garrison Most employers know that federal and state civil rights laws prevent them from discriminating against employees on the basis of their religious beliefs and practices. But when you hear the phrase “reasonable accommodation,” you usually think of your duty under the Americans with Disabilities Act (ADA) to accommodate an employee with a […]

Seventh Circuit Says Driving Isn’t ADA Major Life Activity

by Brian Burbrink In September 2008, the ADA Amendments Act of 2008 (ADAAA) was passed with the intent of broadening the meaning of the term “disability” and expanding coverage under the Americans with Disabilities Act (ADA) to a larger percentage of the workforce. The ADAAA retained the core definition of “disability” (defined, in part, as […]

Possible Impact of New NLRB on Employers

by Brian R. Garrison By now, most everyone has heard about organized labor’s biggest priority, the Employee Free Choice Act (EFCA) — an unprecedented attempt by labor unions to organize non-union employers. But while the EFCA has garnered the lion’s share of media attention, a recent less publicized change may have a similar impact on […]

When Are Chiropractors ‘Health Care Providers’ Under the FMLA?

A little-known provision of the Family and Medical Leave Act (FMLA) makes treatment by a chiropractor different from treatment by almost any other health care provider. Let’s take a closer look at that provision. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including FMLA What FMLA says about chiropractors The […]

Beware Misclassifying Workers as Exempt Administrative Employees

As employers know, certain employees aren’t entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). The most common exemptions include the executive, administrative, and professional exemptions. Because the administrative exemption is more nebulous than the executive and professional exemptions, employers often misclassify non-exempt workers as exempt administrative employees. Although it should be […]