Home  »  Archives

Employment Law

[AIG Bonus] Contracts Are Made To Be Broken — Or Are They?

Written on 18 Mar, 2009 at 6:00

“I expect you to be honest, hard working, and treat the company as if you own it.” – C.V. Starr “AIG’s ongoing efforts to be an outstanding corporate citizen and promote responsible and sustainable business practices are essential to our... (Continue reading)

The Employee Free Choice Act: The Debate Heats Up

Written on 16 Mar, 2009 at 5:00

Just What Is The Employee Free Choice Act, and Why Are So Many People Excited About It? President Obama supports the Employee Free Choice Act (“EFCA”). Home Depot co-founder Bernard Marcus called it, “A hostile takeover of American business,” and... (Continue reading)

Charming the Stimulus Act COBRA:
New COBRA Rights and Employer Obligations

Written on 26 Feb, 2009 at 16:47

A federal subsidy of continued health coverage under COBRA is one of the main “ease-the-pain” provisions of the Stimulus Act enacted Tuesday, February 17, 2009 (the American Recovery and Reinvestment Tax Act of 2009). This provision is intended to keep... (Continue reading)

New Family And Medical Leave Act (FMLA) Regulations Address Wide Range of Issues

Written on 16 Feb, 2009 at 17:03

New FMLA Regulations Took Effect January 16, 2009, Significantly Impacting FMLA Law On November 17, 2008, the US Department of Labor issued long-awaited updated regulations governing the Family and Medical Leave Act (FMLA), effective January 16, 2009. The first post... (Continue reading)

Notice Rules Under New Family And Medical Leave Act (FMLA) Regulations –- Employers Win Some And Lose Some

Written on 9 Feb, 2009 at 5:00

New FMLA Regulations Took Effect January 16, 2009, Significantly Impacting FMLA Law On November 17, 2008, the US Department of Labor issued long-awaited updated regulations governing the Family and Medical Leave Act (FMLA), effective January 16, 2009. The Department said... (Continue reading)

Lilly Ledbetter Fair Pay Act Signed by President Obama

Written on 30 Jan, 2009 at 6:00

Today (January 29, 2009) President Obama signed into law the Lilly Ledbetter Fair Pay Act, a law named for an Alabama woman who lost her pay-discrimination case at the Supreme Court on the basis that she had not filed a... (Continue reading)

Overtime Pay, the FLSA & “Time Theft” — Part I (Introduction and White-Collar Exemptions)

Written on 14 Jan, 2009 at 5:00

Who “owns” an employee’s time? Are you stealing from your employer if you take a personal call at work? What about if you check your personal email, or take some time to send out resumes? Does it matter whether you’re... (Continue reading)

Navigating the Intersection of Telecommuting and Wage-and-Hour Law

Written on 20 Nov, 2008 at 5:00

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... (Continue reading)

Court Upholds Nonrenewal of Teacher Contract Over MySpace Activity

Written on 11 Nov, 2008 at 22:29

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... (Continue reading)

Is Workplace Bullying Cause for Concern?

Written on 10 Nov, 2008 at 16:01

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... (Continue reading)

Will This National Election Jeopardize Workplace Elections?

Written on 7 Nov, 2008 at 14:44

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... (Continue reading)

Not Just a Bailout for the Rich; Mental Health Parity Law Comes Along for the Ride

Written on 6 Oct, 2008 at 22:17

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... (Continue reading)

Do’s and Don’ts of Hiring an Independent Contractor

Written on 3 Oct, 2008 at 0:12

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... (Continue reading)

Halloween in the Workplace? It Depends…

Written on 1 Oct, 2008 at 11:05

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... (Continue reading)

ADA Amendments — What Difference Will They Make If They Become Law? (Part III)

Written on 17 Sep, 2008 at 9:51

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... (Continue reading)

Part II: ADA Amendments — What Difference Will They Make If They Become Law?

Written on 18 Aug, 2008 at 6:00

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... (Continue reading)

“Blind Hiring” to Avoid Bias: Wave of the HR Future, or “Blind Alley”?

Written on 4 Aug, 2008 at 17:21

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... (Continue reading)

Bulletproofing Employment Investigations

Written on 28 Jul, 2008 at 7:00

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.... (Continue reading)

House Widely Approves ADA Amendments, But What Difference Will They Make If They Become Law?

Written on 22 Jul, 2008 at 16:29

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.... (Continue reading)

Talent Management — Roles of Lawyers & HR Pros

Written on 29 Jun, 2008 at 20:42

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... (Continue reading)

Four Supreme Court Employment Decisions in One Day!

Written on 19 Jun, 2008 at 22:58

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... (Continue reading)

As Ledbetter Fair Pay Act Debate Heats Up, NLRB Reiterates It’s Illegal to Bar Employee Discussion of Compensation

Written on 6 Jun, 2008 at 11:00

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... (Continue reading)

Supreme Court Implies Retaliation Prohibition Twice in One Day

Written on 28 May, 2008 at 0:19

As we returned from the Memorial Day holiday on May 27, 2008, we were greeted by a pair of Supreme Court decisions with a similar theme: whether a law prohibiting a type of employment discrimination should be interpreted to also... (Continue reading)

Is Ledbetter Fair Pay Act Needed?

Written on 5 May, 2008 at 12:00

Last week, in Part 1 of this series, I discussed the Supreme Court's Ledbetter decision and the criticism of it that led to the introduction of corrective legislation in the form of the Fair Pay Act. Today, in Part 2, I'll... (Continue reading)

Senate Blocks Ledbetter Fair Pay Act

Written on 28 Apr, 2008 at 18:19

Last week Republicans blocked legislation (Fair Pay Act) intended to reverse last year's Supreme Court ruling in Ledbetter v. Goodyear Tire & Rubber Co., widely criticized for making it easier for employers to get away with pay discrimination. This... (Continue reading)