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Employment Law

DOL issues FMLA guidance for same-sex spouses

09/20/2013
Responding to the U.S. Supreme Court’s June decision overturning a key part of the federal Defense of Marriage Act, the DOL has affirmed that employees with same-sex spouses have the same FMLA rights as other married employees—as long as they live in a state that has legalized same-sex marriage or recognizes such marriages performed in other states.

Tell staff: Accommodations are none of their business

09/19/2013
It’s natural for co-workers to gripe when a disabled employee’s accommodation causes more work. They may complain that the accommodated employee isn’t pulling her weight or that the accommodations are bogus. Tell them to zip it.

NLRB releases mobile app describing worker rights

09/19/2013
The NLRB celebrated Labor Day by unveiling a new mobile phone app that tells employees and unions about their rights under the National Labor Relations Act.

In Harlem jobs program, varying shades of the N-word

09/19/2013
A recent case has tested the complex, unwritten rules surrounding the use of the N-word in the workplace—in this case, the successful STRIVE East Harlem temporary agency, which has been profiled on “60 Minutes.”

Use independent investigation to back up decision to terminate rule-breakers

09/19/2013
Sometimes, it pays to be patient. That’s often true when deciding who to terminate when several people are allegedly involved in rule breaking. Conduct an independent investigation, talk to all the individuals involved and come to conclusions based on what the employees said. That way, there’s a good chance a court won’t second-guess your final decision.

No C-Suite office? You may still be liable for FLSA violations

09/19/2013
A federal appeals court recently ruled that personal liability for violations of the Fair Labor Standards Act extends beyond corporate officers to individuals who exercise control over significant aspects of a company’s day-to-day functions.

California minimum wage to hit $10 per hour in 2016

09/18/2013
By 2016, California may have the nation’s highest minimum wage—$10 per hour—after the state Legislature approved a two-step plan to raise the rate from its current $8 per hour.

Urgent: Explain health insurance options now!

09/17/2013

Employers face a unique benefits communication problem in two weeks, and so far, few are responding well, according to a new survey by insurance company Aflac. The traditional open enrollment season for health benefits coincides this year with the rollout of massive changes driven by Obamacare.

Can we demand employee’s Facebook password so we can access her postings?

09/16/2013
Q. Our company received a report that an employee who called in sick on a Thursday and Friday later posted photos to her Facebook page that indicated she was traveling in another city with friends at the time. It appears she lied to us about being sick. Can we require her to give us her Facebook password so that we can see her online postings?

What are the pros and cons of prohibiting workplace photography?

09/16/2013
Q. We recently saw a news report that an AOL employee was fired for taking a photograph during a meeting. Now we’re wondering: Should we include anything in our employee handbook prohibiting the taking of photographs or videos at work?