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Employment Law

EAP hotline calls may trigger ADA, FMLA awareness

08/01/2006

Many employers offer employee assistance programs (EAPs) to help employees with personal problems. But be aware that if you communicate directly with counselors who take employees’ calls, you may trigger legal liabilities under both the ADA and the FMLA. That’s especially true if an EAP counselor suggests that the employee needs time off or some other accommodation …

Don’t break wage promises to visa holders

08/01/2006

Employers who rely on the expertise of foreign scientists, engineers and nurses would be wise to review the processes they use to recruit and pay employees under H-1B visas. The EEOC has taken a keen interest in whether promises made to induce foreign talent into the United States are being honored. And more visa holders are hiring lawyers and suing for broken promises …

No ‘Right to effective counsel’ in employment lawsuits

08/01/2006

You may think it’s obvious, but it has taken a federal appeals court to make clear that employees have no federal right to competent employment-law counsel, as offered in criminal cases. Employees who pick incompetent attorneys don’t get a second chance to sue. That’s good news for employers, who won’t have to face the same lawsuit again if an employee’s less-than-stellar lawyer bumbles the case …

You can require reservists to arbitrate USERRA claims

08/01/2006

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the rights of soldiers and reservists who are called to active duty or training and want to return to their jobs once their service is over. But these rights aren’t without limits …

Head-Office decision won’t insulate company from liability

08/01/2006

Don’t think that leaving the final firing decision to someone in company headquarters will shield your organization from a discrimination lawsuit. Even if the ultimate decision-maker doesn’t know the race, sex or age of the employee in question, the fired employee can still file a discrimination claim if he or she can point to lower-level bias that tainted the decision …

Be on guard for often-Overlooked ‘Associated with’ claims

08/01/2006

A frequently disregarded ADA provision often catches employers by surprise. The ADA, which prohibits discrimination of disabled people at work, also bans discrimination against employees because they "associate with" someone who is disabled …

Thinking about settling a lawsuit? Do it early

08/01/2006

When it comes to employment-law cases, if you think your organization will settle the case (rather than go to trial), do it as early in the discussions as possible. It could end up saving you big bucks …

What does broad new definition of ‘Retaliation’ mean to you?

08/01/2006

Expect this summer’s blockbuster U.S. Supreme Court ruling, Burlington Northern v. White, to swell the number of retaliation complaints and legal claims …

Handling ‘No-Match’ letters: Heed new DHS guidance

08/01/2006

Under the Immigration Reform and Control Act (IRCA), employers must verify the employment eligibility of all new hires within three days of the date of employment. Both employer and employee must sign an I-9 form that lists the identifying documents the employee presented to verify his or her eligibility. The law is now enforced by the Department of Homeland Security (DHS) …

Layoffs: Walk a fine line to avoid age-Bias laws

08/01/2006

Q. We’re a small business (just eight employees) and haven’t laid anyone off. But business is slow and we need to restructure. We have an employee who has worked here part time (12 hours per week) for 25 years. She is 65 years old. We have one other part-timer (10 hours per week) who has worked here just one year. We’d like to lay off both part-time employees and keep the full-time employees. Can we do that? —P.U., Georgia