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2 Tricky Challenges: FMLA Bonding and Fetal Protection

Pregnant employees typically present a host of Family and Medical Leave Act (FMLA) issues, and then, for many employers, there’s the very tricky balancing act of fetal protection—what to do when the mother wants to work in a job that might endanger the unborn child. FMLA Protection for Pregnant Employees Under FMLA, incapacity because of […]

Wage And Hour: Employer Takes Big Hit For Not Paying Overtime To On-Call Workers; Practical Pointers

If you use on-call employees, it’s important to understand when you have to pay for their on-call time. In a recent case, an employer failed to properly compensate its on-call workers and was clobbered with a steep bill for two years of back overtime. We’ll provide guidance to help you determine when you must pay […]

Look out―here comes GINA!

by Craig L. Olivo and Hilary L. Moreira The Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating in any term or condition of employment based on employees’ or applicants’ “genetic information.” It also prohibits you from requesting, requiring, or purchasing genetic information (with narrow exceptions). GINA was passed by Congress out of concern that […]

New York law on unemployment taxes takes effect January 1

by Colin Leonard and James Rooney A new law going into effect on January 1, 2014, will increase New York employers’ contributions to the state’s unemployment compensation program. Earlier this year, legislation was enacted in response to the insolvency of the Unemployment Insurance Trust Fund and the state’s need to repay $3.5 billion borrowed from […]

New OSHA ‘Sheriff’ Packs Heat, But It May Backfire

By Jim Stanley, president, FDRsafety When Labor Secretary Hilda Solis warned business last year that there was ”a new sheriff in town,” she wasn’t kidding — the Occupational Safety and Health Administration (OSHA) is packing big new six-guns. The only problem is that it may be shooting itself in the foot. OSHA has been announcing […]

The keyboard is mightier …

This past Friday, LeBron James announced his return to Cleveland after four years of displaying his talents at South Beach. One of the biggest clues that something was in the works was when the open letter written by Cleveland Cavaliers owner Dan Gilbert in 2010 to the then-departing LeBron suddenly went missing from the team’s website. In […]

RIFs: Preparing for the Unkindest Cut

As the economy stagnates, many employers who were hoping to avoid layoffs must now finally consider them. Today’s expert, attorney Michael Rosen, sorts out the key issues. Rosen, a labor and employment partner with the law firm Foley Hoag LLP in Boston, says that any reduction in force (RIF) must be carefully planned and executed […]

EEOC Proposes Using EEO-1 Report to Collect Pay Data

The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor recently published a proposal to revise the EEO-1 reporting form in order to annually collect summary pay data by gender, race, and ethnicity from businesses with 100 or more employees. A copy of the proposed form is available on the EEOC’s website.

News Notes: ADA Doesn’t Require Transfer To New Boss To Reduce Stress

A new court decision says the Americans with Disabilities Act (ADA) doesn’t require you to transfer an employee because of a bad working relationship with a supervisor. Sherrylen Weiler, a Household Finance Corp. manager, claimed she became disabled by depression, stress and anxiety following a performance review in which her supervisor raised his voice and […]