Tag Archives: Employees

With a Year to Go, Is Obamacare Taking Shape to Favor Expansive — and Expensive — Coverage?

As the business community continues waiting for practical guidance on the Patient Protection and Affordable Care Act (ACA), the IRS has recently proposed regulations illustrating how it believes companies should qualify as “large employers” falling within the ACA’s mandates and what type of coverage it feels those employers must provide to avoid penalties. Not surprisingly, … Continue reading this entry

An Employer May Permanently Modify Employee "Workweeks" to Reduce Labor Costs

The Fair Labor Standards Act (FLSA) requires an employer to compensate any employee who is not exempt from its provisions at a rate that is “not less than one and one-half times the regular” wage rate paid to the employee for all work time performed by the employee in excess of 40 hours (“overtime”) during … Continue reading this entry

Car in the Pond Sinks Sales Rep

A recent decision by the NLRB provides insight and guidance to employers who are struggling to deal with the ever-expanding issues arising from employees’ use of social media. The Karl Knauz Motors case involved a BMW dealer that held an event called the BMW Ultimate Driving Experience, in an attempt to stimulate car sales. One … Continue reading this entry

Supreme Court Muddies the Water Regarding Timely Filing of "Disparate Impact" Claims

If an employer adopts a practice that has an adverse effect on a particular race of employees, can those employees sue years later, if the employer uses that practice to make additional employment decisions that negatively affect those employees? According to the Supreme Court, in its recent opinion in Lewis v. City of Chicago (PDF), the … Continue reading this entry

New DOL Regulations Will Require Federal Contractors and Subcontractors to Notify Employees of Their Rights to Organize

New regulations recently issued by the Department of Labor (DOL) will soon require that most government contracts contain specific provisions requiring federal contractors and subcontractors to notify employees of their rights to unionize and bargain collectively under federal labor laws. The DOL’s Final Rule (PDF), published May 20, 2010, implements the requirement of Executive Order 13496 (PDF), … Continue reading this entry

Nursing Mothers Get Break(s) Under New Federal Law

Among the least-publicized changes in the recently enacted health care reform bill (Patient Protection and Affordable Care Act, or Act) is an amendment to the Fair Labor Standards Act (FLSA) that will significantly impact the workplace. The new law requires employers subject to the FLSA to provide rest breaks so nursing mothers can express milk. … Continue reading this entry

What Does It Take for an Employee to Establish a Serious Health Condition Under the FMLA?

It Depends on Where You Are Doing Business A recent decision by the U. S. Court of Appeals for the Third Circuit highlights the differences in the evidence that courts will permit a plaintiff to use to prove that he or she had a serious health condition in suits claiming a violation of the FMLA. … Continue reading this entry

Interfering With an Employee's Health Benefits Can Get You Sued

Recently, a New Jersey court allowed a mechanic to pursue his claim that he was fired because his employer wanted to avoid paying health benefits related to his wife’s cancer treatment. The employee, Christian Pailleret, began working at Jersey Construction, Inc. in 2005. He had no record of discipline and got a merit-based raise in … Continue reading this entry

Amendment to Defense Spending Bill Restricts Use of Employee Arbitration Agreements

It has become increasingly common for employers to require employees to agree to mandatory arbitration of any employment-related disputes. Among some of the advantages, arbitration can be less costly than litigation and avoids the potential risk of exceedingly large jury damages awards. A recently signed bill, however, gives some employers who rely on arbitration clauses … Continue reading this entry

Short-Term Pain, Long-Term Gain

It is very common for human resources to encourage management to write honest performance reviews, and/or to utilize a performance plan, before terminating a long-term employee based on poor performance. We encourage management to utilize these tools primarily because it is the right thing to do from a values perspective – an employee should be … Continue reading this entry