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Employment Law

Casino workers take one for the team in Atlantic City

12/24/2008

The Atlantic City Council recently repealed a temporary ban on smoking in the city’s casinos, citing an ailing economy. Not all casino workers are in favor of the change …

Legal limbo or law of the land? The ‘new’ no-match rule from DHS

12/24/2008

In 2007, a U.S. District Court judge in California had enjoined the U.S. Department of Homeland Security from enforcing new rules that changed the language of the no-match letters issued by the Social Security Administration and the requirements for how employers must respond to the letters. DHS announced that its final no-match rule was taking effect Oct. 28, 2008.

I-9, FMLA, ADA overhaul: Are you ready?

12/24/2008

The year that the Society for Human Resource Management (SHRM) predicts will carry “the most sweeping HR-related changes in 30 years” starts with a bang this month as HR professionals must adapt to important changes to two key employment laws—the FMLA and the ADA—and replace their I-9 forms.

Congress OKs pension-plan funding relief bill

12/24/2008

Employer retirement plans suffered huge losses in 2008, and employers would face even more burdens if they had to comply with new, stricter funding rules passed under the Pension Protection Act of 2006. For that reason, Congress last month voted to ease those rules …

BlackBerry time: When must you pay for employees’ off-duty PDA hours?

12/24/2008

Hand-held devices, such as BlackBerrys, Trios, iPhones, etc., make it easy for workers to check e-mail and do work at any time of day. And your nonexempt, hourly workers may demand to be paid for that screen-time. So, when must your organization pay nonexempt employees for such off-the-clock work? There’s no clear-cut answer.

Generous about leave? Beware FMLA suit anyway

12/24/2008

What happens if an employer discourages an employee from taking FMLA leave and instead offers more than 12 weeks off with full pay? Can the employee still sue for interference with his right to FMLA leave if he isn’t reinstated to his prior position or an equivalent? The apparent answer is "yes."

OK to suspend employee who has been arrested if alleged violation would compromise safety

12/24/2008

Being arrested for a crime is not the same as being convicted. After all, citizens are innocent until proven guilty, and many arrests never result in convictions. But the presumption of innocence doesn’t mean employers can’t suspend employees who have been charged with crimes—if those alleged crimes may affect their ability to do their jobs.

Wipe out harassment or face state and federal lawsuits

12/24/2008

A recent federal trial court decision has given new ammo to employees who want to sue their employers for sexual harassment—especially if the alleged harassment involves any kind of touching.

Fired for tape recording, woman gets day in court

12/24/2008

A woman who was fired for allegedly secretly recording a conversation she had with a supervisor about harassment can still sue for sexual harassment, a federal court has ruled. It did not matter that secretly recording conversations may be a crime in Pennsylvania.

That hot-headed chef routine only flies on TV

12/24/2008

In the real world, hurling insults at workers is a recipe for disaster, as the catering company that provides food service at the Comcast Center in Philadelphia recently learned …