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- Nailing Down Independent Contractor Status
Although percentage-based pay may create desirable incentives from an employer’s standpoint (and eliminate the need to pay employees for down time), this strategy can result in significant potential liability, including possible exposure to class action lawsuits. This may even be turning into a nationwide trend (with salon workers pursuing similar wage and hour claims in New Jersey and New York).
- How to Deal with Sexual Harassment in the Workplace
Sexual harassment is usually defined by Courts and employers using the definition of sexual harassment contained in the guidelines of the U.S. Equal Employment Opportunity Commission (EEOC). This language has also formed the basis for most state laws prohibiting sexual harassment. The guidelines define sexual harassment as:
- Employer Alert: Are You Ready for 2013?
United States employers will be faced with a number of new obligations as of January 1, 2013
- Obesity in the Workplace
by Jaburg Wilk
Is being overweight a protected disability under the Americans with Disabilities Act of 1992? According to a recent decision of the Montana Supreme Court and similar decisions in the federal courts, it is, or at least can be. Whether you are an employee or employer, there is no easy or safe shortcut to managing your legal rights and liabilities without the advice of competent employment law counsel.
- A Closer Look at Mental Issues in the Workplace
More than six percent of adults are diagnosed with depression in any one year, and this causes employers an estimated $44 billion in lost productivity alone. There is a significant need for people with depression in the workforce to understand their condition and start receiving quality care, and employers should be taking steps to help and bolster the mental health of their employees.
- Avoiding Liability for Unlawful Discrimination When Using Criminal Background Checks
According to guidance issued earlier this year by the Equal Employment Opportunity Commission (EEOC), 92% of employers in the U.S. now use criminal background checks for some or all of their job candidates.
- Your New Hire’s Non-Compete Agreement
For years you’ve admired your top competitor’s ability to design and market new products that have, much to your frustration, consistently outsold yours. Now one of the key members of your competitor’s marketing team is sitting in your office asking YOU for a job. As he describes to you how he thinks he can position your products for triple-digit sales growth, you can’t help but think to yourself, “is this too good to be true?”
- The Perils of Not Hiring an Employment Law Attorney: Cautionary Tales
We see you rolling your eyes. “Oh, go figure, 2 employment attorneys preaching about the ‘dangers’ of not being represented by an employment law firm. Shiver me timbers!” Okay, so that last part got a bit pirate-y, but all we ask is that you please hold your presumptions about what we’re going to say here and why, at least until you’ve finished reading this. Now, BRING ON THE PULPIT!
- No-Fault Attendance Policies Open Potential For Fault
Under a “no-fault” attendance policy, an employee accrues one point per absence, regardless of the reason for the absence. After an employee accumulates a pre-designated number of absences, the employee is usually subject to increasing levels of discipline (a “progressive disciplinary policy”), ending with termination.
- 12 Divided by 4 = Option 3... What? Wait for It
In our previous articles about the Family & Medical Leave Act, we noted that covered employers must grant eligible employees up to a total of 12 work weeks of unpaid leave during a 12-month period (the “12” in the title). There are 4 (yup, the title again) methods for determining that 12-month period. The constant, regardless of the method chosen, is that the method used must, must, must be communicated to employees.