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Employment Law

DOL replaces opinion letters with new ‘administrator interpretations’

04/06/2010
The Labor Department has ended its longstanding practice of issuing opinion letters to answer employers’ specific questions about complex wage-and-hour issues, replacing them with general guidance on how to comply with federal pay laws. Critics say the move marks a fundamental shift that will help employees—and harm employers.

FMLA eligibility: How serious is that serious health condition?

04/06/2010
One of the trickiest parts of administering FMLA benefits is figuring out just whether an employee’s health condition qualifies for leave. Who decides, and how? Follow this five-step process for making sure an employee’s condition is FMLA-eligible.

Can employee sue over alleged ‘promised’ pay?

04/06/2010
Q. We have an employee who insists that he was told when he was offered the job that he would earn at least as much as he earned in his last job. There is nothing in writing. Can he sue us?

Good-faith investigation of harassment cuts your liability risk — even if you were wrong

04/05/2010

Employers sometimes try to avoid taking sides when they learn of possible sexual harassment out of fear that one of the employees involved will sue. Then the situation escalates, and they end up in court anyway. The only realistic employer response: Be prepared to make tough decisions. Investigate the claim.

As a religious institution, are we insulated from discrimination liability?

04/05/2010
Q. I am the principal of a Catholic school. I’ve always believed that, because we are a religious institution, discrimination laws don’t apply to us. While we certainly never intend to discriminate against our employees, we do make decisions from time to time that an employee could challenge in court. Am I right that we don’t have to worry about discrimination liability?

How do we calculate the rolling FMLA year?

04/05/2010
One of the four permissible ways for an employer to calculate employees’ 12-week FMLA leave entitlement is to use a 12-month period measured backward from the date an employee uses any FMLA leave. For employers, this rolling 12-month period is the most administratively burdensome—and also the most advantageous.

How many lawyers do we need? Lawsuit names company and individual managers

04/05/2010
Q. An ex-employee who we fired just filed an FMLA lawsuit against us. In addition to our company, he also named as co-defendants the HR, benefits and plant managers, along with me, the president and CEO. We believe the employee was legally terminated. Is there any risk in having our corporate attorney represent all of the defendants in the lawsuit?

FMLA eligibility: How serious is that serious health condition?

04/05/2010
One of the trickiest parts of administering FMLA benefits is figuring out just whether an employee’s health condition qualifies for leave. Who decides, and how?

AK Steel sues former employees for stealing trade secrets

04/05/2010
West Chester-based AK Steel has filed suit against three former employees in Butler County Court, alleging that they stole company secrets when they went to work for a competitor.

Toledo-area BP refinery hit with OSHA fines

04/05/2010
OSHA has levied more than $3 million in fines against BP North America and BP-Husky for violations at their plant in Oregon, Ohio. The fines result from a September 2009 inspection that revealed 42 willful violations of OSHA codes and 20 serious violations.