• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

David B. Ritter

6 factors that determine independent contractor status

01/17/2012

Today’s tight economy has prompted many employers to try to reduce costs—including overtime—by classifying workers as independent contractors instead of employees. That hasn’t escaped the notice of the IRS and the U.S. Department of Labor, which have stepped up efforts to deter misclassification.

What are the new FMLA rules affecting federal employees?

12/19/2011
Q. We’ve heard that federal employees’ FMLA rights have recently expanded.  Can you tell us about this?

What are the details on the recent amendment to the Illinois Human Rights Act?

12/19/2011
Q. Can you tell us how the recent amendment to the Illinois Human Rights Act affects employers?

If FMLA leave has expired, when must we grant additional time off?

12/19/2011
Q. We have an employee who has exhausted his FMLA leave, but wants additional time off. Do we have to grant his request?

FMLA cases can hang on suspicious timing, internal documents

12/19/2011
In Shaffer v. American Medical Association, the 7th Circuit Court of Appeals reminded employers they cannot base a termination decision on an employee’s decision to take FMLA leave.  Here are some of the lessons the case can teach employers.

What are the details on the IRS’ new ‘classification amnesty’ program?

11/16/2011
Q. We’ve heard the IRS recently announced a new program for employers to reclassify their workers. Can you tell us about it?

NLRB on social media: Facebook firing didn’t break law

11/16/2011

While the law concerning acceptable employee use of social media remains uncertain, the NLRB is starting to shed more light on what conduct is acceptable under the National Labor Relations Act. The NLRB has issued a decision in Karl Knauz Motors Inc., holding that Knauz did not violate the NLRA when it terminated an employee.

How do we prevent ‘stacking’ of FMLA, sick leave?

11/08/2011
Q. We have an employee who wants to take a chunk of paid time off. She is eligible for FMLA leave. We want to start deducting the time off from her 12-week entitlement. Usually we require employees to provide a medical certification. But in this case, we are more interested in making sure she doesn’t take unpaid FMLA leave later after her paid leave bank is exhausted. Can we just do this?

What’s the background on the NLRB’s rule requiring a new union-rights poster?

10/18/2011
Q. What is the new National Labor Relations Board (NLRB) rule regarding notifying employees of their rights under the National Labor Relations Act?

7th Circuit favors employer on pregnancy complications & ADA

10/18/2011
Are pregnant employees who develop complications disabled and entitled to reasonable accommodations under the ADA? A federal appeals court considered the question for the first time in Serednyj v. Beverly Healthcare LLC.