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Employment Law

Beware retaliation after employee complains

09/10/2013
Watch out if a supervisor suddenly gives a poor performance review to a previously good employee who has recently complained about discrimination. Unless you can clearly show that the employee’s performance was deteriorating, you might be setting yourself up for an otherwise avoidable retaliation lawsuit.

Courts bang the gavel: EEOC is out of order!

09/10/2013
It’s not often that the EEOC loses a lawsuit, but in recent weeks, the gavel has come down against the commission not once, but twice.

Returning from FMLA: Employee Right to Reinstatement

09/09/2013

The FMLA allows certain employees to take up to 12 weeks of leave from work each year. Employees who take FMLA leave are entitled to return to their former jobs, or at least an “equivalent” job in terms of pay, responsiblities and the like. What’s an equivalent postion? Here’s what the U.S. Department of Labor says about employees’ rights to reinstatement after FMLA leave …

Steps you should take to derail the FMLA leave abuse train

09/09/2013
Employers face several common struggles when employees take FMLA leave, but there are ways to combat FMLA abuse in the workplace.

Calling supervisor to complain about alleged racial slur is protected activity

09/09/2013
Employees are protected from retaliation for complaining about alleged discrimination. The complaint is considered protected activity. Something as simple as calling a supervisor to complain about a co-worker’s racial slur is protected.

With new regs taking effect, update HIPAA privacy policies ASAP

09/09/2013
The U.S. Department of Health and Human Services has issued final regulations for implementing the Health Information Technology for Economic and Clinical Health (HITECH) Act. The regulations require entities covered by HIPAA to update their privacy policies ASAP. The looming deadline: Sept. 23.

Behind the wheel: Why you need an anti-distracted driving policy

09/06/2013
Many states have laws against texting or talking on cellphones while driving. Absent a clear, tough, enforced policy against distracted driving, employers risk losing millions of dollars in jury verdicts—and contribute to crippling and fatal carnage on the road. You need a clear policy: Employees may not use mobile devices while driving on company business.

2nd Circuit: CEO can be personally liable for FLSA violations

09/06/2013
Here’s a bit of news you may want to pass on to company executives when explaining why they must comply with the letter and the spirit of the FLSA. Tell them they aren’t just putting company assets at risk, but also their own.

Government alleges Madoff made out with employee

09/06/2013
As prosecutors try to unravel Bernie Madoff’s Ponzi scheme, they are finding his personal life a tangled web as well.

Bill would provide leave for domestic abuse victims

09/06/2013
A bill before the New York Legislature would require employers to provide domestic or sexual abuse victims up to 90 days per year of unpaid leave to deal with the effects of the abuse.