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Employment Law

Keep all medical records confidential! Otherwise, normal lawsuit rules don’t apply

06/03/2011

Employers are used to breathing a sigh of relief when 300 days pass without learning that a former employee has filed a discrimination complaint with the EEOC or the New York State Division of Human Rights. They assume that missing the deadline means the employee won’t be able to sue. Not so fast!

Former Rochester schools chief, now in Chicago, under fire

06/03/2011
Educators in Rochester are suing Jean-Claude Brizard, who headed the city’s school system for three years before being tapped to run Chicago’s schools.

Fed contractors may face more EEO reporting requirements

06/03/2011
A U.S. Department of Labor proposal would dramatically increase the amount of affirmative action and equal employment opportunity information federal contractors must provide to the DOL’s Office of Federal Contract Compliance Programs.

Reconsidering decision? Act fast to fix it

06/03/2011
Here’s a tip for employers that make snap decisions and then quickly reconsider: Don’t hesitate to fix the problem; that could convince a court to toss out a lawsuit.

Some work at home doesn’t make commute paid

06/03/2011
Some hourly employees have begun to argue that if they begin the day with a few work emails, they should be paid for the time they spend commuting to work. Fortunately, a 2nd Circuit Court of Appeals panel has nixed that argument. Had the case gone the other way, employers could have faced huge bills for paid commuting time.

Broward’s wellness program survives ADA court challenge

06/03/2011
A federal judge has dismissed a lawsuit challenging Broward County’s employee wellness program, which came under legal challenge after the county started charging $20 per paycheck to employees who refused to participate.

What laws apply in foreign workplaces?

06/01/2011
Q. Our company has employees stationed outside the United States. A situation recently occurred that raised the question: Do U.S. employment laws apply to employees of American companies working outside the United States?

Does the WARN Act require notifying workers if we sell part of our business?

06/01/2011
Q. My company is selling a portion of our business in which we employ more than 100 workers. Do we have any special obligations to provide notice to these employees?

What are the rules governing employment of minors for summer seasonal work?

06/01/2011
Q. We are considering hiring several high school students to work at our company for the summer. What statutes or regulations do we need to consider?

Houston company faces class-action COBRA lawsuit

06/01/2011
A former employee of Brunel Energy Inc. is suing the company for failing to notify her of her right to maintain her health insurance coverage after she quit in 2010—and she has proposed making the case a class-action lawsuit that could involve hundreds of other former employees.