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Employment Law

ESOP’s fable: The tightwad and the vanishing money

04/02/2009

According to a complaint filed with the DOL, Kellogg Auto Supply of Cortland disbursed ESOP benefits in 1999 based on the stock’s 1998 valuation. But it made no further distributions until 2008. The DOL filed suit charging the company and its president, Richard Coates, with violating ERISA.

Assessing witness credibility in workplace investigations

04/02/2009

During a workplace investigation, there are a number of practical steps that you, as an HR investigator, can take to improve the reliability and objectivity of your witness credibility assessments. Four factors are critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

Juggling vacation, military and family leave under new FMLA regs

04/02/2009

The FMLA now requires employers to give employees serving in the military (or who are next of kin to service members) up to 26 weeks of unpaid leave under specific conditions. While few employers begrudge military families such leave, unforeseen leave can pose scheduling problems as employers come into the summer vacation season.

What should we do? Applicant refused to authorize background check

04/02/2009

Q. An applicant, citing reasons of privacy, has refused to sign the written authorization to permit a background check. What can we do?

Must we mail former employee’s last paycheck?

04/02/2009

Q. We have terminated an employee who has moved out of state and requested we mail his last check to him. Do we have to mail it? If so, when?

Can we search employees? We suspect theft

04/02/2009

Q. We have noticed some of our inventory is missing, and we believe it might be leaving our facility via our employees. Can we search them and their belongings?

What are the New York state laws affecting background investigations of applicants?

04/02/2009

Q. We are considering using an investigative agency to verify applicants’ prior employment, education and possible criminal background. Are there any New York laws that are applicable?

Citigroup accused of ‘recessionary’ sex bias

04/02/2009

In a textbook illustration of the perils of downsizing, a group of female executives has filed suit against beleaguered banking giant Citigroup, charging the bank’s layoffs hit women executives harder than men. That, attorney Douglas Wigdor told Forbes.com, is “recessionary discrimination.”

Will economic stress increase workers’ comp cases? State panel evens playing field

04/01/2009

Coupled with the stress of worrying about the economy and whether their jobs will be gone tomorrow, more employees may develop psychiatric or stress-related illnesses. Some will file workers’ compensation claims.

Ledbetter’s lesson: Revamp salary guidelines to make pay as fair as possible

03/31/2009

Now that the Lilly Ledbetter Fair Pay Act is the law of the land, it may be time to revisit how you set starting and incumbent salaries. If you currently allow managers and supervisors flexibility on pay issues, consider reducing that discretion.