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Employment Law

New FMLA regs one step closer to final approval

11/11/2008

The U.S. Labor Department is set to implement the first major revision of the FMLA since the law was passed in 1993. If approved, the proposed changes could help employers administer the complex 15-year-old law and avoid lawsuits. But the proposal carries a few extra burdens for employers, too.

New president, new Congress: 5 new employment laws could reshape HR

11/11/2008

When Barack Obama takes office in January, get ready for the most sweeping employment-law changes the HR world has seen in years. Attorney Mike Fox walks you through the legislation likely to reshape HR, possibly even in the first 100 days of the Obama administration. Here’s how to prepare.

Warn managers: No negative comments on FMLA

11/10/2008

Anxiety about the economy and job prospects may adversely affect some employees, especially those prone to stress-related illnesses or whose physical problems flare up when working long hours. As a result, you may see an increase in requests for FMLA leave. Be careful not to criticize employees for trying to exercise their FMLA rights …

Strange bedfellows in Cincinnati PD lawsuit

11/10/2008

Cincinnati Police Officers Keith Fangman and Paul Graves Jr. filed a class-action lawsuit challenging city rules they say prevented them from supporting their chosen presidential candidates.

Use the calendar-year method to tame the intermittent FMLA leave beast

11/10/2008

Employees who take intermittent leave can wreak havoc with work schedules. Because their conditions can flare up at any time, their absences are by nature unpredictable. But there are ways you can legally curtail intermittent leave. One way is to use the calendar-year method to set FMLA leave eligibility.

Cutting senior staff to save salary costs? Check impact on older workers

11/10/2008

One way to reduce your labor budget is to terminate staff members who are paid the most and replace them with employees who earn less. But be careful before you implement a layoff based on seniority.

Beware potential new source of lawsuits: Lawyers try RICO in discrimination case

11/10/2008

Lawyers are always looking for novel ways to sue on behalf of employees. One such recent attempt involves trying to apply the RICO Act—originally meant to combat organized crime—against employers. If successful, such lawsuits could result in more than lost dollars: Managers and supervisors could go to jail.

Changing employment contract? Get agreement in writing

11/10/2008

If some of your employees work under an employment contract that sets salary and other terms, be careful about changing anything. While you may need to cut salaries during tough economic times, doing so without getting a written modification is risky.

Include clear nonsolicitation language in agreement

11/10/2008

Don’t be shy about restricting employees from stealing customers when they leave. Your best bet is to include specific language and examples of the sort of solicitation you want to ban.

Cleveland NASA building gets clean bill of health

11/10/2008

The National Institute of Occupational Safety and Health (NIOSH) has released a survey indicating that two buildings at the NASA Lewis Research Center in Cleveland did not cause cancer among employees. The union representing some NASA employees says it isn’t satisfied.