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Employment Law

New COBRA subsidy available in cases of ‘involuntary termination’: What does that mean?

05/27/2009

Under the massive new federal economic stimulus law, the American Recovery and Reinvestment Act of 2009 (ARRA), employees who suffer an “involuntary termination” have to pay just 35% of the cost of COBRA continuation health care coverage. But what does “involuntary termination” mean?

Feds delay start date for E-Verify, ‘red flag’ rules

05/27/2009

The federal government has announced a delay in the implementation date for two regulations that affect employers: using the online E-Verify system to check the work eligibility status for new hires and having a written plan to detect and mitigate identity theft of consumers’ data.

Employers must record at-work ‘horseplay’ injuries

05/27/2009

If your organization is required to keep track of employees’ injuries, take note of a new OSHA interpretation letter. It confirms that injuries suffered at the workplace as a result of “horseplay” and certain other nonwork-related activities must be recorded in OSHA logs, as long as the injury meets regular recording criteria.

Firing after FMLA leave: How soon is ‘too soon’?

05/27/2009

An employer fired a worker just six weeks after she returned from FMLA leave. Six weeks is like a nanosecond on the retaliation stopwatch. But the court still dismissed the case. Why?

So an employee tells you she’s seriously ill … now what?

05/27/2009

It’s sad enough when an employee becomes seriously ill. What makes it tougher is that work doesn’t stop. Deadlines remain, customers need service and paperwork piles up. Mistakes can mean not only hurt feelings but also potential legal liability problems. Here are four ways supervisors and HR can handle such situations with tact and legal skill.

Must we accommodate Sunday as ‘family time’?

05/27/2009

Q. Every summer, we hire youth lifeguards for our municipal pool. We hold training on Sunday evenings. A couple of applicants said they can’t attend that time for “religious reasons.” It’s not a conflict with a religious activity—only family time. If we deny them the job, are there any religious discrimination implications?

How long should we retain employee files?

05/27/2009

Q. How long after employees have left should we retain their files? And if we shred the files, do we have to keep a record of employment date, termination date and any other information?

Payroll pain: Can we ask staff to work for no pay?

05/27/2009

Q. We are having trouble making payroll and have asked our employees to give up pay for 20 hours per month while they work their regular schedules. Can we do this? Or should we just cut their salaries or hourly wages to make up the difference?

When must we pay for travel time?

05/27/2009

Q. Some of our employees travel out of the country on business. We provide a per diem amount for meals, etc. Is there any requirement regarding when we must start the per diem clock ticking? For example, if someone leaves on a trip Friday afternoon and returns Monday morning, do we have to pay for four full days?

Immigration crackdown targets employers—not illegal workers

05/27/2009

Fulfilling a pledge President Obama made during the 2008 campaign, the Department of Homeland Security has announced its immigration enforcement activities will target employers that hire undocumented workers instead of focusing on arresting and deporting the workers.