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Employment Law

Police officer’s report of abuse is protected speech

09/27/2013
Public employees can’t be punished for speaking out on matters of public importance, as long as doing so isn’t an official part of their jobs. Until now, it has been an open question whether a police officer’s complaints about police brutality were protected.

No need to extend maternity leave when it’s clear mother won’t be able to return

09/27/2013
Let’s say someone requests a series of leave extensions for medical reasons. You approve them over several months until she’s used up all available accumulated leave—and then approve unpaid extensions in the hope she’ll return soon. At that point, you are free to ask if her doctor can provide a definite return date. If the answer is no, you can safely terminate her.

Make sure handbook spells out how leave works as a reasonable accommodation

09/27/2013
Disabled employees who need time off to deal with a disability and who don’t have FMLA, sick or vacation leave may still be entitled to more time off. That’s because the ADA allows employees to take additional time off as a reasonable accommodation. Be sure your employee handbook accounts for this possibility.

Former star locked in lawsuit with ‘Storage Wars’

09/27/2013
The hit television reality show “Stor­­age Wars” has suffered a legal set­­back. A court in Los Angeles has given one of its former stars, Dave Hester, the go-ahead to sue the show’s producers and the A&E cable TV network for retaliation.

Keep it neat! You can restrict facial hair

09/27/2013
Private employers have the right to set their own dress and grooming codes. Within limits, that includes restricting an employee’s facial hair and insisting on a clean-shaven face unless an employee can’t shave because of a documented medical condition or religious requirement.

Slam the brakes on escalating harassment

09/27/2013
Don’t hesitate to stop behavior that hasn’t quite risen to the level of full-blown harassment. Do it as soon as you get wind that something is amiss.

Fashion tip for the fall season: Don’t tolerate teasing about clothing

09/27/2013
No, a lack of fashion sense is not a “protected characteristic,” like age or religion. But as this new case shows, employers that tolerate em­­ployees who tease co-workers about their clothing could be setting themselves up for legal trouble.

If federal government shuts down, what will DOL do? Not much

09/26/2013
Barring a sudden and unexpected outbreak of congressional cooperation, the federal government will run out of money on Oct. 1 and shut down—at least temporarily. What does that mean for DOL enforcement activities? Here’s the likely scenario.

Regs detail reconciliation and reporting under the ACA

09/24/2013
A critical function of the individual health insurance exchanges is to verify that taxpayers are eligible for advance subsidies. But what’s to stop an em­­ployee who has access to affordable group coverage from gaming the system and getting those subsidies anyway? And how will you know?

Court drives nail in coffin of pro-union poster requirement

09/23/2013
The U.S. Court of Appeals for the D.C. Circuit has refused an NLRB bid to retry a May case in which the court said employers couldn’t be required to display a pro-union poster.