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Employment Law

Mn/DOT criticized for lack of women and minority hiring

08/13/2009

A group of 200 community and religious leaders marched on the Minnesota Department of Transportation (Mn/DOT) building on July 23 to demand renewed efforts to hire more women and minorities. According to protesters, Mn/DOT is employing fewer women and minorities, even as federal stimulus dollars and state infrastructure spending have swelled the agency’s employee rolls.

How does workers’ comp work alongside FMLA leave?

08/13/2009

Q. We have an employee out of work due to a workers’ compensation injury. Does the employee’s time off count against his FMLA leave?

Poor performance terminations and COBRA: Can we deny the new COBRA subsidy?

08/13/2009

Q. We had to terminate an employee for failure to adequately perform his job responsibilities. Can we deny him the COBRA subsidy because the termination was not a layoff or a result of the economy?

Are early retirees eligible for the COBRA subsidy?

08/13/2009

Q. We recently offered employees the opportunity to participate in an early retirement program, and several employees elected to take us up on the offer. Are they eligible for the new 65% COBRA subsidy?

Under 50 employees? How FMLA could apply to you regardless

08/11/2009

Under the FMLA, employers with 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. But even if you’re a small employer, innocent mistakes could make the “50/75 rule” meaningless to you — and force you to provide FMLA leave. Learn how to avoid that trap.

Preventing identity theft: 6 steps to protect employees’ data

08/11/2009

Employers have a duty to protect their employees from identity theft. The federal Fair and Accurate Credit Transaction Act (FACTA) says employers that negligently or purposely let employees’ personally identifiable data fall into the wrong hands can face fines of up to $2,500 per infraction. Here are six tips on developing a data security strategy:

N.Y. Human Rights Act amendment raises discrimination stakes

08/11/2009

Somehow, despite this summer’s fight over whether Democrats or Republicans controlled the New York State Legislature, members of the Assembly and Senate and Gov. David Paterson found time to amend the New York State Human Rights Law. Effective July 6, 2009, the law expanded the application of civil fines and penalties in cases of employment discrimination occurring on or after that date. The change means the stakes for making an employment law mistake have dramatically risen.

Use formal process to promote from within

08/11/2009

While courts seldom want to second-guess employment decisions, sometimes employers provoke that scrutiny. That can happen, for example, when companies rely on the “old boy network” to promote from within instead of using a more formal, organized process.

ADA: Driving could be a major life activity

08/11/2009

Most federal appeals courts have concluded that driving is not a major life activity under the ADA. Thus a disability that simply impairs the ability to drive isn’t covered under the law. But what if the inability to drive prevents someone from holding a wide range of jobs? Does that mean the individual is substantially impaired in the major life activity of working? According to one federal trial court considering a Florida case, the answer is yes.

EEOC ropes Tampa company over workplace nooses

08/11/2009

WRS Compass is the latest company to face an EEOC lawsuit after failing to rein in workplace racial harassment. According to the complaint, one black worker found a noose on his steering wheel, and a white employee displayed a noose on his car. When workers complained, a white supervisor replied, “Maybe, he just likes nooses.”