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Employment Law

Do your health assessment questions violate new GINA law?

11/19/2009

It’s time to take a fresh look at the health questionnaires you hand out to employees as part of your wellness program. New federal regulations that prohibit discrimination against people with congenital medical conditions mean you must review health risk assessments to make sure they don’t ask employees to reveal protected information.

Just desserts after five-year free lunch

11/18/2009

For Anthony Armatys, a job with communications company Avaya was the best job he never took. The Illinois man has pleaded guilty to theft by deception after he failed to report that Avaya, based in Basking Ridge, had deposited $469,000 worth of pay into his checking account, despite the fact that he never put in a day’s work for the company.

14 steps bosses can take to keep workplaces union-free

11/17/2009

With EFCA on the march in Congress and unions staging a big push to add new members, it’s up to enlightened managers to show employees they don’t need organized labor. These 14 steps will get bosses talking to employees … and keep unions from gaining a toehold in your company.

Independent Contractors: New State Laws

11/17/2009
States have become much more active in recent years in targeting employers who misclassify employees as independent contractors. Here are recent laws passed on the issue, according to a report issued by attorney Steven Suflas of Ballard Spahr in New Jersey at the LEAP 2009 conference. Colorado (House Bill 1310):  Establishes penalties for willful misclassification […]

No inflation = no min. wage hikes; Colorado’s falls

11/16/2009

Ten states tie increases in the minimum wages to the inflation rate: Arizona, Colorado, Florida, Missouri, Montana, Nevada, Ohio, Oregon, Vermont and Washington. Since the cost of living has actually declined this year, none of those states will see an increase in their minimum wages.

Watching the detectives: A cautionary tale on employee privacy

11/16/2009

When it comes to work-related matters, many private-sector employers think that employees’ rights to privacy are limited, if they exist at all. A recent $1.8 million jury verdict should help dispel that myth.

Contractor or employee? New IRS audits turn up heat on worker misclassification

11/16/2009

If your organization uses independent contractors, watch out: Starting in February, the IRS will begin intensive audits of 6,000 randomly selected employers. One of the key targets: Determining whether employers are improperly misclassifying workers as independent contractors to save on taxes and legal risks.

Denying FMLA leave: What’s a ‘key’ employee?

11/14/2009

Q. When can we deny an employee FMLA leave because of hardship? We have only two nurses, and one is going out on FMLA leave so the other must be present.

H1N1 virus alert: Complying with the ADA during an emergency

11/13/2009

The H1N1 influenza virus has added a note of urgency to the need to understand the ADA’s privacy requirements. Although some of the rules are relaxed in emergencies, employers that use confidential medical information to discriminate against workers will have to answer in court for their actions.

When promotions are on the line, follow your criteria and beware supervisor bias

11/13/2009

When promotion processes bypass qualified candidates, discrimination lawsuits are almost sure to follow. That’s because employees can easily poke holes in complex candidate-ranking systems, and supervisor bias emerges when promotions are on the line. If you have set criteria for promotions, make sure you follow your own rules.