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Employment Law

What should we do in light of California’s new no-texting-while-driving law?

03/20/2009

Q. How does the new California law making it illegal to send and read text messages while driving affect employers?

What happens to accrued PTO leave when an employee separates?

03/20/2009

Q. Our company is considering replacing sick leave and vacation benefits with a paid time off (PTO) program. How are these plans treated upon the termination or resignation of an employee?

Can I fire this employee? His volunteer firefighting makes him miss too much work

03/20/2009

Q. I have an employee who is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him because of the problems his service causes?

Implement new health care conscientious objector rule—for now

03/19/2009

Health care is rapidly becoming one of Michigan’s largest and most stable employment sectors. Health care employers are subject to many additional employment regulations than employers in other industries. That fact was driven home by a recent regulatory change implemented by HHS, providing a new level of protection to employees who work for health care providers—the so-called conscientious objector rule.

Crack down on association discrimination—especially if there are threats of violence

03/18/2009

Employers, beware: More employees are suing over so-called association discrimination, claiming their friendships or other relationships with black employees have resulted in discrimination against them, in addition to their acquaintances. Recently, the 6th Circuit came up with guidelines for when employees can sue based on their relationships with black employees.

Memo to managers: There’s no reason to discuss why employee was terminated

03/18/2009

When it comes to discharging employees for alleged dishonesty, here’s some sound advice for managers and supervisors: Don’t discuss why the employee was terminated with anyone who doesn’t need to know. Keep the information private to avoid a possible defamation lawsuit.

Counter discrimination charges by seeking information from all witnesses

03/18/2009

Employees who’ve been fired have little to lose—and they’re quite likely to see a lawyer about possible litigation. Right off the bat, you can expect that attorney to check whether the employer conducted a real investigation before making the termination decision.

Track when you told worker she was being fired

03/18/2009

Because employees have to meet tight deadlines for most employment discrimination claims, employers should be ready to prove exactly when they notified employees about a pending termination. With an exact date at your fingertips, you can easily get a case dismissed …

IRS challenging med student classification in court

03/18/2009

If you work for an educational institution whose students provide services while learning, prepare to change your payroll systems. Depending how a court rules, you may have to end the practice of paying student stipends as a way of avoiding collection and payment of Social Security and other payroll taxes.

When employees leave, so does company data

03/18/2009

More than half of employees who lost or left their jobs in 2008 took company data with them, according to a study conducted by Ponemon Institute and cyber-security software maker Symantec. A shocking 59% of respondents claimed they had copied or e-mailed company data.