Employment & The Law - Summer 2011
Giving Nursing Moms a Break: Mandatory “Reasonable Break Times” Under Federal Law
Quietly included in last year’s healthcare law was a change to the Fair Labor Standards Act (FLSA) that required employers of non-exempt hourly employees to provide “reasonable break time” for nursing mothers. Under the new law, employers must allow nursing moms breaks to express breast milk for up to one year after her child’s birth. Employers are also required to provide a private place, other than a bathroom, for the nursing moms’ use. [Read more →]
FAQs About FMLA Certification: You Ask, We Answer
Employers face many challenges when dealing with claims under the Family and Medical Leave Act (FMLA), including the initial determination of whether the leave is covered by the FMLA. Many illnesses and injuries qualify as a “serious health condition,” thus entitling an employee to covered leave. However, many injuries and illnesses do not. The first step in making this determination is to request a certification. [Read more →]
U.S. Supreme Court Expands the Scope of Employment Claims
Three recent Supreme Court cases, Thompson v. North American Stainless, Staub v. Proctor Hospital, and Kasten v. Saint-Gobain Performance Plastics Corp., have expanded the scope of employment claims in significant ways. This article briefly summarizes these cases and provides practical guidance for employers in light of these decisions. [Read more →]
EEOC Warns of Increased Scrutiny Over Employers’ Use of Credit Reports As A Screening Tool
Reviewing a job applicant’s credit report can serve as a useful tool in the candidate screening process. Indeed, the common rationale for doing so is that individuals who have large debts or other credit problems may be less responsible and more likely to steal from the company or commit fraud. Generally, under current law, it is not unlawful for an employer to make hiring and other employment decisions based on an individual’s credit history, provided the employer complies with the Fair Credit Reporting Act (FCRA). Recently, however, use of credit histories in making employment decisions has been subject to greater scrutiny. [Read more →]
Practice Does Not Always Make Perfect: Top Ten Qualified Plan Errors
Mistakes happen. Even with the most vigilant plan sponsor, errors can occur when administering a qualified retirement plan. These mistakes often are unintentional and may seem minor, but they can have serious consequences (including plan disqualification), which can result in adverse tax consequences for both the employer and the employees. [Read more →]
To Friend or Not to Friend: How Best to Handle Facebook Friendships With Employees
Let’s FACE it…Facebook is here to stay. Its founder was declared Time Magazine’s Person of the Year. A movie about its creation has received critical acclaim and numerous best picture awards. It has over 500 million active users and it was recently valued at $50 billion. It has reconnected us with old friends, ignited social and political revolutions in the middle east, and it recently beat out both Google and Yahoo as the most visited website in the country. Facebook has redefined who we identify as “friends” and has made the word “friending” part of our lexicon. [Read more →]
Congress Heats Up for the Summer: A Summary of Potential Changes to Federal Employment Laws
The economy, the military, the debt ceiling—Congress has its hands full this summer. Notwithstanding the nation’s current challenges, federal employment laws remain an area of focus for our lawmakers. This article summarizes some of the new legislation that has been proposed and how the new laws might affect your company. [Read more →]