Unforeseeable Circumstances Justify Layoff Without WARN Notice
The Worker Adjustment and Retraining Notification Act (WARN Act) requires employers with 100 or more workers to provide 60 days’ advance notice of a plant closing or mass layoff. Sometimes employers...
View ArticleLosing More Than Just an Employee: Protecting Confidential Information
by Rachel Blue Lately, we’ve seen a lot of employees walking out of buildings and plants with boxes of framed photos from their desks or lockers, and maybe a severance check in an envelope. The job...
View ArticleEEOC Guidance, Best Practices for Working Caregivers
For many employees, the need to care for sick or very young family members weighs more heavily these days. Jobs are scarce, and staying employed is crucial, but family needs don’t magically disappear....
View ArticleEmployer May Be Liable for Actions Taken Against Alcoholic Employee
by Dara Wanzer Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to...
View ArticleBeware Deductions for Lost or Stolen Property from Exempt Employees’ Pay
by Kathy Neal Many things can be scary for the unseasoned HR manager, particularly when it comes to wage and hour law. One of the scariest areas involves pay deductions. HR Guide to Employment Law: A...
View ArticleRiding Herd on FMLA Abuse
by Charles S. Plumb Understanding and applying the rules of the Family and Medical Leave Act (FMLA) causes employers and HR professionals untold frustration — frustration that’s heightened by employees...
View ArticleEEO Training Makes Economic Sense for Employers
by Sam R. Fulkerson The Equal Employment Opportunity Commission (EEOC) announced in January that 93,277 workplace discrimination charges were filed nationwide during 2009 — the second-highest level...
View ArticleEmployee Performance Reviews and Pretext
by Paul Ross As veterans of employment litigation can tell you, employment discrimination claims are rarely supported by direct evidence of discriminatory decision making. In the overwhelming majority...
View ArticleFederal Inactivity Continues to Spark State Immigration Action
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...
View ArticleQuick, Name Biggest Workplace Legal Issue of 2010 So Far
What is the biggest employment law challenge employers have been facing thus far in 2010? An easy answer might be health care reform since companies have indeed started wrestling with whether to...
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