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Jonathan Hyman

The Obama years: 4 predictions for employment law circa 2012

01/21/2009

President Obama has put forth a significant employment and labor agenda. If he and the Democratic-controlled Congress succeed in passing proposed legislation, the next several years will see the creation of new protected classes, more family leave rights and the re-emergence of labor unions.

Are you prepared to follow the new FMLA regulations?

01/05/2009

On Jan. 16, the U.S. Department of Labor’s new FMLA regulations became effective. The most significant changes were to the regulatory scheme for handling employee leave certifications and medical documentation.

Must we compensate for travel time?

01/05/2009

Q. I have an employee who has a substantial daily commute—75 miles each way. Do I have to compensate the employee for time spent traveling to and from work?

Do year-end bonuses affect pay status?

01/05/2009

Q. What effect do end-of-year bonus payments have on a nonexempt recipient’s hourly rate of pay?

What are the child labor rules?

01/05/2009

Q. I own a pizza shop. Is it legal for me to hire a 15-year-old to work in the store?

How frequently must employees be paid? What’s the rule on final paychecks?

12/08/2008

Q. How often do I have to pay my employees? Are there any rules that require payment upon termination within a specific time period?

What are the ground rules for records retention?

12/08/2008

Q. How long do I have to keep employees’ personnel files after their terminations?

Can we regulate breast-feeding at work?

12/08/2008

Q. Does our company have to permit new moms to nurse at work?

Election Day was an attendance nightmare! Must we allow time off to vote?

12/08/2008

Q. Because of the long lines on Election Day, some employees missed hours of work. In the future, do I have to permit employees to take time off to vote?

Breakdown of ADA interactive process may equal constructive discharge

11/10/2008

A recent federal appeals court decision shows how risky it is to ignore the interactive accommodations process spelled out in the ADA. In Talley v. Family Dollar Stores of Ohio (6th Cir.), the court held that the breakdown of the interactive process can, in and of itself, constitute a constructive discharge of an employee.