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Kansas

Always consider disability accommodations

11/14/2016
Even if you believe no accommodation is possible for a disabled worker, the ADA requires you to at least consider the possibility.

Motor Carrier Act limits OT for interstate truckers

10/17/2016
Generally, truck drivers who engage in interstate commerce are covered by the Motor Carrier Act rather than the Fair Labor Standards Act as far as compensation and working conditions are concerned.

OK to voice concern about age as long as you don’t base termination decision on it

10/17/2016
When determining which positions should be eliminated during a reduction in force or reorganization, sometimes supervisors and managers will look at the ages of those likely affected. All by itself, that’s not evidence of age discrimination.

Minor deviation from layoff procedures? Courts unlikely to consider that discrimination

10/17/2016
Of course you should always strive to follow your internal policies and procedures to the letter. That doesn’t mean you need to panic if you discover that someone unintentionally deviated from your standard practice.

Union accepted practice? That kills FLSA claim

10/17/2016
In a rare case showing that there may be some benefit to having a unionized workplace, a court has refused to consider whether employees should be paid for time spent putting on and taking off protective clothing.

COBRA coverage continues even if carrier changes

09/22/2016
Employees who elect to continue their health insurance coverage after a work separation get to maintain that coverage even if the employer switches plans.

Loading freight is key to FLSA exclusion

09/22/2016
Some positions aren’t covered by the Fair Labor Standards Act because they are specifically excluded and covered by other laws – for example, the Motor Carrier Act.

Good worker, bad attitude? Fire if you must

08/15/2016
You may have to fire an otherwise good worker if his attitude is bad enough. Be sure to document the misbehavior.

FMLA leave and evidence acquired after the fact

08/15/2016
Document your reason for firing an employee who is out on FMLA leave.

Artful wording doesn’t alter WARN Act intent

08/15/2016

The 8th Circuit Court of Appeals has upheld a Worker Adjustment and Retraining Notification (WARN) Act decision based on a worker-friendly interpretation of the terms “sale of assets” and “going concern.” The decision makes it easier for workers to challenge lack of a WARN notice when their employer claims to have sold company assets to another firm.