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Employment Law

Assume that hostile work environment claims under ADEA will fly

04/01/2002
A collector for a financing firm, who was over 40, complained about age-related remarks made by her manager. Nothing was done and the collector was fired, even though she had received …

Direct employee retirement inquiries to new Labor hotline

04/01/2002
In the wake of the Enron debacle, the U.S. Labor Department has introduced a new toll-free number, (866) 275-7922, for companies and employees who have questions about their retirement …

Wage gap widens between men, women managers

04/01/2002
A new government report could spark more claims under the Equal Pay Act. It says that not only do women managers earn less than their male peers, but the wage gap …

Job-bias complaints reach new high

04/01/2002
A rash of recession-induced layoffs in 2001 helped propel job discrimination complaints to their highest level in six years, according to new data from the Equal Employment Opportunity Commission (EEOC). …

HIPAA health care privacy rules: They do apply to you

04/01/2002
It’s a common misconception: Employers have been lulled into thinking that the strict privacy provisions of the Health Insurance Portability and Accountability Act (HIPAA) apply only to health care providers …

‘Hybrid’ pay plan can kill exempt status

04/01/2002
A full-time home health care nurse in Cleveland was required to complete at least 25 patient visits per week, for which she was paid on a per-visit fee basis. She also …

Pregnancy bias: New census trends heighten your risk

04/01/2002
If you’ve only semiunderstood the Pregnancy Discrimination Act (PDA) until now, it’s time to brush up. Reason: The 24-year-old law is spawning its greatest number of claims yet. (See chart below.) …

Indemnify a Noncompete? Not So Fast

04/01/2002

Q. We want to hire an individual who signed a noncompete with his current employer. He asked us to indemnify him in the event his employer sues him. What are the legal risks associated with agreeing to indemnify him? —V.M., Virginia

Health Plan Cancellation Ends Your COBRA Obligation

04/01/2002

Q. Our business recently was forced to implement layoffs—and most remaining employees walked off the job. All were given a COBRA notice, but only one chose to take the coverage. Since this was a group insurance policy and only one person will now be insured, the insurer is cancelling our policy. What’s our responsibility to that ex-employee? —G.B., Texas

Rehiring Is Your Call

04/01/2002

Q. We have a number of Hispanic employees who speak little or no English. One of these employees recently resigned through a Spanish-speaking co-worker acting as interpreter. She quit after we denied a raise because of problems with her timecard. Her mother called and demanded that we rehire her daughter. Are we under any legal obligation to rehire? —W.K., Maryland