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Navigating the Intersection of Telecommuting and Wage-and-Hour Law
Telecommuting — Perk, Convenience, and Potential Legal Minefield
Many employers offer their employees the opportunity to work from home on either a regular or temporary basis. While the flexibility of a telecommuting arrangement can benefit both the employer and the employee, allowing a nonexempt employee to work at home can lead to a minefield of wage [...]
Court Upholds Nonrenewal of Teacher Contract Over MySpace Activity
Background
I have frequently written and spoken on legal issues relating to the use in employment decisions of applicant and employee Internet activity such as blogging and using social network sites. However, this is a novel legal issue, and as is usually the case with such issues, legal “experts” like myself have been forced to make [...]
Is Workplace Bullying Cause for Concern?
When Bullies Grow Up
What happens to playground bullies who grow up to be workplace bullies? And what happens to the companies where they work?
This is the focus of an article entitled “Workplace Bullying Suits on the Horizon.”
Successful Bullying Lawsuit and Proposed Legislation
According to the article, a workplace bully was forced to pay $325,000 after [...]
Will This National Election Jeopardize Workplace Elections?
It would be ironic if this Presidential election — hailed by so many around the world (myself included) as a shining example of the strength and success of American democracy — resulted in a drastic reduction in long-established democratic electoral rights in the workplace. But such a result is highly likely.
President-elect Obama and [...]
Not Just a Bailout for the Rich; Mental Health Parity Law Comes Along for the Ride
Mental Health Parity Act: One of the “Sweeteners” Added to the Wall Street Bailout Bill
Thanks to the mess on Wall Street, over a third of Americans will have better health insurance coverage for mental illness and addiction treatments beginning January, 2010. That’s the date that the Paul Wellstone-Pete Domenici Mental Health Parity and Addiction Equity [...]
Do’s and Don’ts of Hiring an Independent Contractor
Independent Contractor Agreements – A Match Made in Heaven?
Today’s employers are watching their bottom line more closely than ever before, including examining the costs associated with maintaining a full time workforce.
At the same time, workers are looking for ways to increase their independence, decrease their commutes and overall to increase their quality of life. [...]
Halloween in the Workplace? It Depends…
Halloween Will Soon Be Upon Us — Are You Prepared?
In addition to personally getting ready for Trick or Treating or costume parties with friends, a 2007 Halloween-practices survey by vault.com found that employees at an increasing number of companies are getting into the holiday as well.
Of course, the type of celebration will vary by workplace. [...]
ADA Amendments — What Difference Will They Make If They Become Law? (Part III)
We continue our series on legislation to amend the Americans with Disabilities Act (ADA) by examining how the the ADA Amendments Act of 2008 (“ADAAA”), would change the impact of mitigating measures such as prostheses and medication on the determination of whether an individual has a disability for ADA purposes.
Part II: ADA Amendments — What Difference Will They Make If They Become Law?
In a previous post, we began this series with a brief introduction to the ADA Amendments Act of 2008 (“ADAAA”), passed by the House at the end of June. In this post, we continue the series by examining how the ADAAA would alter the substantial-limitation-of-major-life-activities element of the ADA’s definition of disability.
“Blind Hiring” to Avoid Bias: Wave of the HR Future, or “Blind Alley”?
Is a hiring manager named “David” more likely to give an edge to a job candidate also named “David”?
Recent academic research suggests that the answer is “yes,” even for other names with similar sounds, like “Dan” or “Dustin.”
What does this say about a company’s ability to develop a merit-based, non-discriminatory hiring model?
Bulletproofing Employment Investigations
This post on workplace investigations that hold up to scrutiny emphasizes the importance of vertical and horizontal consistency and reasonableness in the investigation of allegations of workplace misconduct, such as harassment.
House Widely Approves ADA Amendments, But What Difference Will They Make If They Become Law?
On June 25, the House of Representatives passed an act amending the Americans With Disability Act (”ADA”). As compromise legislation approved by important business groups who had opposed a previous version, it stands a good chance of becoming law.
Talent Management — Roles of Lawyers & HR Pros
I originally wrote this a few years ago, but never published it. It seems as timely today as then. It’s a reflection on the differing perspectives and roles of management, HR, and legal counsel as businesses focus more intently on “talent management.”
Four Supreme Court Employment Decisions in One Day!
Score that employees 2, employers 2. High Court rules: disability retirement program did not discriminate on age; employer has burden of proving reasonable factor other than age in age discrimination disparate impact cases; insurer conflict of interest is factor to consider in ruling on ERISA plan claims denials; California regulation of union-related activities of state-funded employers ispreempted by National Labor Relations Act.
Illegal to Bar Employee Discussion of Compensation, NLRB Reiterates
In recently discussing the Ledbetter Supreme Court case on the time limits for filing compensation discrimination charges, and Congressional efforts to alter its result, I mentioned, in passing, the NLRB (National Labor Relations Board) position on rules against discussing compensation.
Many people are opposed to pay discrimination and may be motivated to share such information in order to ferret out and remedy possible discrimination. They may, however, be concerned that doing so would violate the employer’s confidentiality rules.
It is thus significant that the NLRB recently issued a decision reaffirming its position on rules prohibiting or chilling employee discussion of compensation and benefits.
