Targeting FMLA Fraud and Abuse
One of the biggest FMLA frustrations for employers is knowing what to do with an employee who appears to be abusing the law’s protections or, even worse, fraudulently using approved leave for non-FMLA purposes.
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Is There a Difference Between ‘Fired’ and ‘Laid Off’?
While there is little to no practical difference between a layoff and a termination (in both cases, the employee lost his or her job), in the minds of employees the difference is both real and significant, says Attorney Matthew Effland Effland, a shareholder at Ogletree, Deakins, Nash, Smoak & Stewart’s Indianapolis office, made his remarks […]
Workplace computer porn: court rules employees’ privacy rights limit police
by Jennifer Shepherd On October 19, 2012, the Supreme Court of Canada (SCC) issued its ruling in R. v. Cole. The court held that a person’s right to be protected against unreasonable searches was breached when the police looked at computer files the employer had given them without first obtaining a search warrant. Facts A […]
Looking for employees? Digital profiles make window shopping convenient
Expensive, important investments typically send people to the internet. House hunters turn to websites and social media platforms to help them find the right home in the right neighborhood at the right price. Car buyers, too, take to the internet to find just the right vehicle. So if digital tools are vital for consumers making […]
The Best Harassment Prevention Prescription is to Train, Train, Train
[Go here for 1 to 5] 6. A superior blocks a promotion for a subordinate who has firmly stated that the superior’s sexual remarks were unwelcome. This is another example of potential tangible employment action harassment. Of course, the superior can argue that he or she blocked the promotion for a good business reason, but […]
News Notes: Waitresses Awarded Over $2 Million For Harassment And Retaliation
A Southern California jury has ordered an employer to pay $2,331,319 to two waitresses who said they were sexually harassed by other employees and then retaliated against after they complained. Rebecca Barklage and Malissa McCard worked at Birraporetti’s Restaurant in Costa Mesa. They claimed that the kitchen staff and several busboys repeatedly harassed them. One […]
Hospital Authorities Treat People But Are Not ‘People’ Themselves
In a recent decision, the California Supreme Court takes an in-depth look at legislative history to dissect whether a county hospital authority entity can be liable for meal and rest period violations under the labor code and whether they can be considered “persons” subject to California’s Private Attorneys General Act (PAGA) penalties. In short, they […]
6 Ways to Navigate the Booming Wellness Market
As wellness and prevention swiftly become the No. 1 driving force behind employer-sponsored health benefits, you may have noticed that the wellness industry is expanding—exploding, really—in turn. This trend is creating a tougher challenge for corporate leaders, who are seeking to successfully navigate a fast-moving market with a hefty array of services.
New law bans New York City employers from asking for salary history
by Charles H. Kaplan and Theresa M. Levine Employers in New York City will be prohibited from asking applicants about their previous salary when an amendment to the New York City Human Rights Law (NYCHRL) goes into effect on October 31. The amendment prohibits employers from asking about applicants’ wages, salaries, benefits, and other compensation […]
Political Discrimination: The Elephant in the Room?
By Jeremy M. Brenner The First Amendment to the U.S. Constitution prohibits a state employer such as a university from discriminating against applicants and current employees based on their political beliefs or affiliations except in very limited instances. If an applicant or employee can demonstrate that her political views or associations caused a state employer […]