Tag: Employment law

DOL Issues Opinion Letter on Wage and Hour Issues for Mandatory Unpaid Time Off

In today’s economic climate, companies are continually looking for ways to cut costs without cutting jobs and resorting to layoffs. One option many companies are considering is mandatory unpaid time off, sometimes referred to as an employee furlough. By requiring mandatory unpaid time off, companies can reduce payroll expenses by reducing the number of hours […]

New I-9 Form Required Starting April 3

All employers are required to verify the employment eligibility of their employees by completing a federal Employment Eligibility Verification Form I-9 for each worker. Employers can use self-audits to verify that the employment eligibility documentation kept on file for their employees is accurate. Recent changes Effective April 3, 2009, the list of documents acceptable to […]

Tips for HR to Manage an Overload of Resumes and Avoid Legal Issues

Unemployment rates have skyrocketed, many companies have downsized or implemented hiring freezes, and everyone seems to be looking for a job. The current economic climate has created an employer’s market for most organizations. Although it’s desirable to have many candidates for open positions, human resources pros may be drowning in the deluge of resumes pouring […]

Solicitation Defamation

Litigation Value: $75,000 No new episode this week (darned ER series finale), but that doesn’t mean there isn’t activity in Scranton. Shortly after Michael’s departure from Dunder Mifflin last week, Michael sent out an email to job seekers about the Michael Scott Paper Company. It read: Dear whom it may concern, Bored? Poor? Lonely? Not […]

Alcohol Addiction Is Not a Blanket Defense for Theft

By Dominique Launay There can be little doubt that dealing with employees suffering from the disease of addiction “whether to drugs, alcohol, or even gambling” is a challenge for employers. That challenge becomes greater when the employee raises the addiction as an excuse for engaging in misconduct. In a recent case, the question arose whether […]

A New Day for Union Relations: EFCA, Obama, and the NLRB

by Mark I. Schickman We have been telling you about a big legislative change to the federal labor law around the corner, titled the Employee Free Choice Act (EFCA). If passed (which appears likely), it will require labor union recognition based on employee petitions without any union election. Of course, that move all but eliminates […]

The Michael Scott Paper Company

Litigation Value: $100,000 * and possibly a permanent injunction On the “Two Weeks” episode of The Office, Michael decided that since he was leaving Dunder Mifflin, he would start his own company, the Michael Scott Paper Company. This raises a lot of issues about what’s going to happen to the Scranton gang without their fearless […]

Be Careful Taking Cost-Saving Measures in Union Workplace

By Karen Sargeant In the last several months, we have posted several blog entries detailing how employers can reduce employment costs and/or increase workforce flexibility in these tough economic times. We have talked about furloughs, work-sharing programs, changing employment contracts, adjusting the size of the workforce and reducing employees’ hours of work. But all of […]

Some Things Stay the Same under the ADA Amendments Act

by Timothy F. Murphy This week, to review what has and hasn’t changed under the amended Americans with Disabilities Act (ADA), we’re taking a look at a disability discrimination cases that deals with essential job functions and reasonable accommodation. Determining the truly essential functions of a job is often at the heart of a disability […]

Quitting Time

Litigation Value: $60,000 Michael, Michael, Michael. What went wrong? What happened to turn you into this new, bitter man? And why couldn’t you have quit before you cost the company thousands more in potential judgments? Before we get to Michael’s actionable conduct, let’s first touch on the new guy, Charles Minor. Fortunately, it is almost […]