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Employment Law

Scrupulously track disciplinary history to combat FMLA-interference lawsuits

05/22/2014

After an employee has been fired, he or she often looks for a reason to sue. Something as innocuous as having used FMLA leave may then become the basis for a lawsuit as the former employee looks for any reason to get into court and perhaps negotiate a quick settlement.

Warn managers: Even isolated comments about age can trigger an ADEA lawsuit

05/22/2014
Although a stray comment alone may not be enough to prove discrimination, when coupled with other evidence—like a younger individual hired to perform a similar or the same job as someone older who was terminated—the comment may come back to haunt you.

Minnesota minimum wage to rise to $9.50 per hour

05/22/2014
Taking a page from the Democratic Party’s midterm election playbook, Gov. Mark Dayton signed a bill raising the state minimum wage. The state’s current minimum wage of $6.15 per hour is below the federal rate of $7.25.

Enforce call-in rules even during FMLA leave

05/22/2014
Employers that have call-in procedures for absences can require employees use them when requesting FMLA leave or updating their status. Simply having a doctor fax in medical excuses isn’t enough.

New Obamacare tweaks benefit employers

05/22/2014
Many of the regulations for implementing the Affordable Care Act are highly technical, and don’t relate directly to the employer-provided side of the health insurance market. However, the feds have recently released rules that employers can use.

Comments don’t have to be overtly sexual to create an unlawful ‘hostile environment’

05/21/2014

The U.S. Supreme Court has said that Title VII gives employees, “the right to work in an environment free from discriminatory intimidation, ridicule, and insult whether based on sex, race, religion, or national origin.” To claim that they worked in a sexually hostile environment, em­­ployees typically need to point to ongoing discrimination based on the person’s gender.

Final ACA info reporting regs: Godzilla meets Frankenstein

05/20/2014
Under final ACA regulations, insured employers with at least 50 full-time employees, including full-time equivalent employees, must file information returns with the IRS to report offers of health insurance made to full-time employees and provide statements to those employees. Key: Small self-insured employers must also report, even though they’re excluded from the play-or-pay provisions.

MTA shocker! Could cronyism, nepotism have led to ouster?

05/19/2014
Charges of cronyism and nepotism followed a Metropolitan Transit Authority security chief out the door following a meeting with the head of the MTA, which runs public transportation in the New York City area.

Former superstars aren’t immune from scrutiny

05/19/2014
The best approach to dealing with declining performance is careful and meticulous record-keeping showing expectations and how the employee isn’t meeting them. Objective facts trump the employee’s feelings that she is being discriminated against for some reason.

Would a disability accommodation work? Test and see

05/19/2014

Let’s say you have an employee who is returning to work from an injury. The ADA requires you to offer her a “reasonable” accommodation, but you want to make sure the accommodation is safe. So you decide to have the employee demonstrate that accommodation to see for yourself. That’s a smart move … just make sure you follow through on the demonstration.