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Employment Law

New workers’ comp law stops double coverage for out-of-staters

11/10/2008

Senate Bill 334, which became Ohio law in October, eliminated a significant financial burden for roughly 40,000 Ohio employers that were paying workers’ compensation premiums twice to cover out-of-state workers.

Laser Saver owner pleads guilty to stealing 401(k) contributions

11/10/2008

Gregory Lockhart, owner of Laser Saver Inc., a printer cartridge remanufacturer in Columbus, has pleaded guilty to willful failure to file financial reports for the company’s 401(k) plan with the U.S. Department of Labor.

Kroger Company accused of race discrimination

11/10/2008

Luther Spears worked for the Kroger Company for 24 years. He repeatedly applied for management positions in the produce department, but was never promoted. Meanwhile, Spears, who is black, trained younger white employees who were promoted over him. Spears finally filed a complaint with the EEOC …

Breakdown of ADA interactive process may equal constructive discharge

11/10/2008

A recent federal appeals court decision shows how risky it is to ignore the interactive accommodations process spelled out in the ADA. In Talley v. Family Dollar Stores of Ohio (6th Cir.), the court held that the breakdown of the interactive process can, in and of itself, constitute a constructive discharge of an employee.

Any way to demand repayment of health insurance premiums?

11/10/2008

Q. We have an employee who failed to return from an FMLA leave of absence. During the leave, we had been paying our customary share of her medical insurance premiums. Is there anything we can do to recoup the expenses we paid for this employee?

Are meal and rest periods mandatory?

11/10/2008

Q. We run a manufacturing facility, and our production needs do not always permit our employees to take breaks during the workday. A group of employees have complained that we are required by law to provide rest breaks and a lunch break during their shifts. Are they right?

Is BlackBerry use compensable time?

11/10/2008

Q. We provide PDAs to virtually all our employees, some of whom are nonexempt. This enables them to send and respond to e-mails at all hours of the day and night. Does an employee’s time spent on his or her PDA outside of work count as hours worked?

Planning a holiday party? Make sure it’s off the clock … and alcohol-free

11/10/2008

December is the time for holiday parties. If you throw an employee bash that involves alcohol, make sure no one is on the clock or has to work on behalf of the organization. Better yet, don’t provide alcohol.

How old are your employees’ covered dependents?

11/10/2008

At least 30 states require organizations that offer health benefits to employees’ dependents to include children up to age 30—and the number is growing. They are reacting to the growing number of young adults who do not have health insurance.

HR and the bailout: Bill includes key mental health coverage

11/10/2008

The massive $700 billion financial rescue bill that President Bush signed into law on Oct. 3 contained dozens of measures that have nothing to do with bailing out Wall Street or shoring up credit markets. Among them: long-awaited legislation that bans health insurers from imposing stricter limits on coverage for mental health and substance-use conditions than those set for other health problems.