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Employment Law

Hamilton’s Personal Touch in court over ADA allegations

03/04/2011
The EEOC has sued Hamilton-based Personal Touch Home Care, claiming it violated the ADA by failing to accommodate an employee who suffered from renal failure, chronic obstructive pulmonary disease and asthma.

Considering major plant closing? Determine who is entitled to WARN compensation

03/04/2011
The WARN Act forbids employers from implementing a plant closing or mass layoff until 60 days after employees have been notified they will lose their jobs. Employees on layoff status when the announcement is made are also entitled to receive warning. They’re also entitled to wage payments if, at the time of the notice, they reasonably expected they would be recalled to work.

EEOC: Cleveland’s Presrite was wrong not to hire women

03/04/2011
The EEOC is suing Cleveland-based metal forging company Presrite Corp. for sex discrimination, alleging the company has a long-standing practice of not hiring women.

Kasich takes gender identity out of Ohio’s bias policy

03/04/2011
Already under political assault for appointing an all-white cabinet, Gov. John Kasich raised hackles in Ohio’s gay community when he eliminated gender identity as a protected class for state workers.

FMLA isn’t carte blanche for all sick leave

03/04/2011

Some employees with chronic health conditions mistakenly believe that getting approved for intermittent FMLA leave means they can take protected time off anytime they feel ill. That’s simply not true. Intermittent leave can only be taken for illness, treatment or flare-ups directly related to a condition for which a health care provider has certified intermittent leave.

New wage order means pay changes for hospitality employers

03/04/2011
New York employers in the hotel and restaurant industry have a new pay rule to work with, changing how tip income is handled and tweaking other details that affect how much pay workers take home.

Make sure employee handbook supports compliance with leave laws

03/04/2011
Employers are generally free to develop their own internal policies, but many laws require employers to notify employees of those policies. Consider the case of Jones v. City of Atlantic City in which an FMLA dispute revealed that Atlantic City hadn’t updated its handbook in 13 years. In fact, the last update happened two months before the FMLA was signed into law.

Benefits 101: Understanding fundamental ERISA compliance

03/04/2011
The Employee Retirement Income Security Act of 1974 sets minimum standards for retirement and health benefit plans in private industry. ERISA does not require any employer to establish a plan. It only requires those that do to meet certain standards. Complying with ERISA can be difficult because it is a complex law. There are three components to compliance:

Don’t grant unlimited leave as ADA accommodation

03/04/2011

Employees who use up their FMLA leave may still be entitled to more time off when that leave expires. Some additional time off can be a legitimate reasonable accommodation under the ADA. But if the employee still can’t return after additional leave, it may be time to discuss termination.

Applicant suing for failure-to-hire? Make sure she really did apply for the job

03/04/2011

Score one for common sense: People who want a job they see posted have to apply before they can sue for not getting it. A phone call to HR that was never returned can’t be grounds for a failure-to-hire lawsuit.