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Employee Misconduct: High Court Says Public Employers Can Punish Workers Who Lie In Investigations; How New Ruling Could Affect You

When employees are accused of misconduct, their first instinct may be to say they didn’t do it. But under a new U.S. Supreme Court ruling, public employer scan impose additional punishment on workers who deny an accusationthat later proves to be true. This seemingly straightforward decisioncould have some unexpected consequences, however, as employers may find […]

Missouri governor signs new right-to-work law

by Bob Kaiser, Daniel O’Toole, and Jeremy Brenner As anticipated, the Missouri Legislature has once again passed a right-to-work law. However, unlike the two prior right-to-work measures passed by the legislature but vetoed by former Governor Jay Nixon, the version passed on February 2 was signed into law by newly elected Governor Eric Greitens on […]

Supreme Court Unanimously Upholds Church Firing of Teacher/Minister

In a unanimous decision, the U.S. Supreme Court has upheld a church’s right under the First Amendment to fire an employee who was a minister despite federal antidiscrimination laws. The case, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, marks the first time the Supreme Court has recognized the First Amendment-based ministerial […]

Q&A on Employee Benefits under DOMA Ruling

With the DOMA ruling so recent in our minds, employers have more unanswered employee benefits questions than ever before. Is it now illegal to tax healthcare benefits for a same-sex spouse? How should multi-state employers react if the final ruling comes down that only same-sex couples who reside in a state that recognizes same-sex marriages […]

Simple Rule: Stick with the Job Description

In yesterday’s CED, we told the cautionary tale of a job description that lost a lawsuit. Today, we offer more on job descriptions and lawsuit avoidance, and we’ll take a look at a unique collection of job descriptions—already written and ready to use.

Workers’ Compensation—It Just Won’t Go Away

Worker’s comp—little changed for many years, yet still a hassle, day after day. In today’s Advisor, we’ll feature case studies—all based on real situations—that help us deal with this frustrating part of HR management. Can an Employee ‘Under the Influence’ Be Denied Workers’ Comp Benefits? Jason Kohler wore 42-inch drywall stilts on his job installing […]

A deal or not? Lack of release not necessarily trouble for employer

By Karen Sargeant You’ve terminated an employee’s employment without cause and offered a reasonable package. You’ve negotiated a settlement, prepared the settlement documentation, and paid out the severance. You thought you dotted all your i’s and crossed all your t’s, but you forgot one crucial part – the former employee never signed the release you […]

Time for California employers to be ready for $10 minimum wage

by Elizabeth J. Boca The minimum wage in California will increase from $9 to $10 an hour as of January 1. Employers must understand that paying the higher minimum wage alone doesn’t satisfy their obligations because the upcoming increase will spark a domino effect in various compliance areas.  Exempt “white-collar” employees. Each time the state […]

FMLA Retaliation or Unauthorized Use of Vacation Time?

By Shane A. Zahrt, JD, Felhaber Larson An employee claimed she was terminated by her employer for taking time off under the Family and Medical Leave Act (FMLA) to cope with a back injury. Her employer blamed the termination on her unapproved use of vacation days. Read on to see how a federal judge used […]