Employee References
December 18, 2009
When asked to provide a reference for a former employee, employers may feel that they are trapped in a no-win situation. They understand that prospective employers are trying to shield themselves from negligent hiring claims by engaging in the "due diligence" of checking with former employers. However, providing details about a less-than-stellar former employee's shortcomings is rarely the best course of action.
Can Your Retirement Plan Survive an ADEA Claim?
December 18, 2009
In <i>Kentucky Retirement Systems v. EEOC</i>, 128 the Supreme Court held that, where an employer adopts a pension plan that includes age as a factor, and the employer then treats employees differently based on pension status, an employer will only be liable for disparate treatment under the ADEA if the plaintiff can adduce sufficient evidence to show that the differential treatment was actually motivated by age and not pension status.
Couple Cannot 'Contract Away' Child Support Duty
November 24, 2009
A New York appellate court has refused to enforce a separation agreement that allowed a father to terminate child-support payments to his ex-wife if their teen-aged son "engag[ed] in full-time employment."
Social Networking in the Workplace
November 24, 2009
Nineteen million Twitter users can complain about their jobs instantly by "Tweeting." A reported 33% of Americans online are on Facebook, where they can upload embarrassing or questionable digital photos. This exponential growth has significant consequences for the workplace.
The 'Revised' Employee Free Choice Act
November 24, 2009
Over the past several months, behind-the-scenes "legislative wrangling" has led to several proposed modifications to the poorly titled Employee Free Choice Act ("EFCA"), a bill currently pending in both the House and Senate. Here's what to do.
Employment Arbitration: It Takes Two to Tango
November 24, 2009
Countless employers have promulgated arbitration agreements to take advantage of the perceived benefits of arbitrating employment-related claims, including the absence of a jury, the efficiency of resolving claims in an arbitral forum and the reduced or eliminated publicity resulting from employment claims.
Update on 'No-Match' Letters
November 24, 2009
On Oct. 7, 2009, the Department of Homeland Security ("DHS") published a final rule rescinding its safe-harbor procedures for employers that receive "no-match" letters from the Social Security Administration ("SSA") or similar letters from the DHS. Safe-Harbor Procedures for Employers Who Receive No-Match Letter.
Employment Rights and Returning Armed Forces Members
November 24, 2009
The United States Department of Justice (DOJ) recently increased enforcement efforts against employers believed to have discriminated against armed forces members returning from active duty and seeking to reenter the civilian workforce. Here's what you need to know.
Overtime Implications of Bonus Plans Under the FLSA
October 26, 2009
This article discusses both the general rule that bonus payments must be included in the "regular rate" calculation for overtime purposes, and the three most common exceptions to this general rule. It also tests your knowledge of these rules.
