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Employment Law

FMLA: Revised Regulations

02/19/2010

HR Law 101: The U.S. Department of Labor’s revised FMLA regulations took effect Jan. 16, 2009. Here’s a summary of the most important changes.

IRS explains how to legally fix deferred comp plans

02/19/2010

It’s fairly easy to make mistakes with complex deferred compensation plans that dish out compensation to employees at a future date. Good news: The IRS last month published new guidance to help employers comply with the rules, covered under Section 409A of the tax code.

Workers coming in early to fire up their computers? You must pay them

02/18/2010

If your managers tell employees to show up a little early to start their computers and get ready to work, that time must be compensated. That’s true even if you don’t absolutely demand early arrival, but internal systems make it tough for employees to begin their shifts if they don’t arrive early.

Workers in early to fire up computers? You must pay

02/18/2010

If you ask workers to show up a little early to start their computers and get ready to work, be prepared to pay them for that time or risk getting sued. How to avoid such lawsuits: Design better systems so prep time is minimal—but still paid. Or simply start the actual shift a few minutes after paid time begins.

Not rehiring FMLA leave-taker? Document why

02/16/2010

Employees who run out of FMLA leave and are fired under a policy requiring mandatory dismissal for excessive absences may be invited to apply for other open positions when they recover enough to work. Be careful how you handle those reapplications, especially if one of the terminated employees was off because she was pregnant and ran out of leave before being able to return.

Labor alert! The NLRA can apply to nonunion employers, too

02/16/2010

You’re probably familiar with the legislative fight brewing over the proposed Employee Free Choice Act. That debate has spotlighted a fact many employers don’t realize: Nonunion employers must comply with requirements of the National Labor Relations Act. To help you comply, here are the major traps to watch for.

Fed contractors will have to post ‘right to unionize’ notice

02/16/2010

New regulations will require organizations with federal contracts worth $100,000 or more to post a notice outlining employee rights to organize and stating the federal government’s policy encouraging union membership. For more information, visit www.dol.gov/olms.

New studies tarnish the image of color-blind and race-blind judges

02/16/2010

Here’s something to consider the next time you’re pondering whether or not to settle an employment lawsuit: A pair of new studies say that a judge’s race and gender can make a huge difference in the outcome of the cases he or she hears.

Senate votes down pro-labor NLRB nominee, employers still worried he’ll gain seat

02/16/2010

The Senate on Feb. 9 failed to confirm labor lawyer Craig Becker’s appointment to the National Labor Relations Board, but employer organizations fear it’s only a matter of time before Becker takes his board seat anyway. President Obama could invoke his Constitutional right to make crucial appointments on his own while Congress is in recess, as it is this week.

Big win for employers in disability bias case

02/16/2010

Employers frequently worry that if they discharge a disabled employee, they will be sued for disability discrimination even if they had a good reason for terminating the employee. That’s because disabled employees may claim their disability was a motivating factor in the decision. Until recently, that was enough to win at least a partial victory in court. Fortunately, that’s no longer the case.