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Interviewing Applicants? What Employers Can’t Ask in Interviews

If you are the interviewer, there actually is such a thing as a stupid (and perhaps unlawful) question in an interview. The key to developing appropriate interview questions that are both useful in obtaining relevant...more

7/15/2014 - Corporate Counsel Employer Liability Issues Job Applicants

FMLA Leave Requests: Do Employees Need to Specify the Expected Duration of Leave?

Under the Family Medical Leave Act (FMLA), whether an employee is required to specify the expected duration of leave on a FMLA application depends on whether the leave is categorized as foreseeable or unforeseeable leave. If...more

7/2/2014 - Employee Rights Employer Liability Issues Employment Policies FMLA Leave of Absence

FMLA Benefits May Be Extended for Same-Sex Spouses

Under current law, an eligible employee may take leave under the Family Medical Leave Act (FMLA) to care for a same-sex spouse only if they reside in a state that recognizes same-sex marriage. If the employee lives in a state...more

6/25/2014 - Conflicts of Laws DOMA Employee Benefits Employer Liability Issues FMLA Residency Requirements Same-Sex Marriage US v Windsor

FLSA Refresher: DOL’s Wage and Hour Rules for Tipped Employees

Temperatures aren’t the only thing on the rise this summer. Wage and hour lawsuits brought by service industry employees are heating up—particularly in the food service and hospitality sectors—leading to significant and...more

6/11/2014

Hiring an Unpaid Intern for the Summer? Five Legal Guidelines to Avoid a FLSA Violation

With summer vacation around the corner, many companies are looking to hire unpaid interns. If your company is considering an unpaid internship, be sure to carefully structure the internship to avoid running afoul of the Fair...more

6/6/2014 - Employer Liability Issues Employer Mandates FLSA Internships Unpaid Interns

Managing Employee Medical Leave: How Much Leave Is Reasonable?

To date, there are few bright line rules to guide employers in determining how much leave is reasonable under the Americans with Disabilities Act (ADA). Further, employers sometimes mistakenly assume that if an employee has...more

5/29/2014 - ADA Disability Employee Rights Employer Liability Issues Employer Mandates FMLA Paid Leave Reasonable Accommodation Reasonableness Factors Unpaid Leave

April Showers Bring May Flowers and Other Workplace Irritants: Must an Employer Provide a Fragrance-Free Workplace Under the ADA?

An estimated 45 million Americans are affected by some form of chemical sensitivity that may be triggered by something as simple as flowers, perfume or hand soap. Because a chemical sensitivity may be considered a disability...more

5/15/2014 - ADA Disability Disability Discrimination Employer Liability Issues

Primary Elections & Voter Leave Laws: How Much Time Off Does an Employee Get To Vote?

With primary elections around the corner, employers are wondering what their obligations are with respect to providing employees time off to vote. Although there is no federal law that requires employers to give employees...more

5/7/2014 - Elections Code Employee Rights Employer Liability Issues Employer Mandates Voting Leave

Telecommuting & the Modern Workplace Under the ADA: Sixth Circuit Redefines Workplace and Expands Reasonable Accommodation...

In the context of the Americans with Disabilities Act (ADA), the workplace and an employer’s brick-and-mortar location are no longer synonymous. Although courts vary with respect to telecommuting as a reasonable accommodation...more

5/1/2014 - ADA EEOC Employee Rights Employer Liability Issues Employer Mandates Hiring & Firing Reasonable Accommodation Telecommuting

Paternity Leave Up To Bat: What Employers Should Know To Avoid Striking Out

Paternity leave is back in the spotlight after New York Mets second baseman, Daniel Murphy, decided to take his contractually guaranteed three days of paternity leave for the birth of his son—a decision which resulted in his...more

4/14/2014 - Employee Benefits Employee Rights FMLA Maternity Leave Paid Leave Parental Leave Paternity Unpaid Leave

Game Changer: NLRB Rules College Football Players Can Unionize

Director of the Chicago Region of the National Labor Relations Board (NLRB), Peter Sung Ohr, ruled that Northwestern University scholarship football players are entitled to have a union election because they are “employees”...more

3/27/2014 - Athletes Colleges Employee Rights NLRB Students Unions Universities

Spring Cleaning: Time for Employers To Freshen-Up Job Descriptions

All too often, once a candidate is hired for a position, job descriptions are filed away and rarely referred to until it is time to recruit for the position again. Because an employee’s job duties often evolve over time,...more

3/24/2014 - Discrimination Employer Liability Issues Job Descriptions

March Madness Challenge: Is Your Office Bracket Legal?

There is no denying the popularity of the annual NCAA Division I men’s basketball tournament, better known as “March Madness” and its attendant NCAA bracket pools. Stakes are even higher this year with Warren Buffet’s recent...more

3/10/2014 - Employer Liability Issues Sports Betting

Roll Out the Red Carpet: What Employers Need To Know About Dress Code Policies To Avoid Being Nominated for a Lawsuit

The Oscars are synonymous with fashion with viewers critically evaluating red carpet looks to determine their picks for the best-dressed list. But what happens when employers turn that critical eye to the slightly less...more

3/3/2014 - Dress Codes Employer Liability Issues Workplace Attire

Regulating Intermittent FMLA Leave: May an Employer Request a Doctor’s Note for Each Intermittent FMLA Absence?

Intermittent leave under the Family Medical Leave Act (“FMLA”) can pose a significant (and often frustrating) administrative and tracking burden on an employer. Further, when attempting to ferret out abuse, an employer has a...more

2/27/2014 - Employee Rights FMLA Sick Leave Trucking Industry

Philadelphia Joins a Growing List of Jurisdictions Requiring Reasonable Accommodations for Pregnant Workers

Philadelphia now expressly requires employers to provide reasonable workplace accommodations to pregnant employees and thus joins in a growing trend of jurisdictions expanding the rights of pregnant women in the workplace...more

2/17/2014 - Employee Rights Pregnancy Pregnancy Discrimination Reasonable Accommodation

Navigating Office Romances and Avoiding Litigation

Valentine’s Day is upon us, and companies are experiencing workplace romance at its finest, which is why it is a good time to consider updating or implementing office romance policies. According to a survey conducted by...more

2/10/2014 - Employer Liability Issues Workplace Romances

Rumor Has It: Employers Need To Be Wary of “No Gossip” Policies

Although most employers would agree that gossip in the workplace is detrimental to employee morale and productivity, banning it could be a risky proposition. In a recent decision, Laurus Technical Institute, NLRB ALJ, No....more

1/31/2014 - Employee Rights Employer Liability Issues NLRA NLRB Protected Concerted Activity Unions

New Rule for New York City Employers: Reasonable Workplace Accommodations Required for Pregnant Employees

The New York City Pregnant Workers Fairness Act (“NYC PWFA”), which takes effect January 30, 2014, requires New York City employers with four or more employees to provide reasonable accommodations for pregnancy, childbirth,...more

1/30/2014 - Human Resources Professionals Personnel Records Posting Requirements Pregnancy Discrimination Reasonable Accommodation

Flu Remedy: Can an Employee Get FMLA Leave for the Flu?

With flu season at its peak and certain strains of the flu requiring longer recovery periods, workplaces are experiencing a spike in the frequency and duration of flu-related absences. The Centers for Disease Control and...more

1/28/2014 - CDC FMLA Human Resources Professionals Sick Leave

New Jersey Employers Are Now Required To Accommodate Pregnant Workers

On January 21, 2014, New Jersey Governor Chris Christie signed legislation (effective immediately) that expands the rights of pregnant women in the workplace. This legislation signals a growing trend of employee-protective...more

1/24/2014 - Compliance Employee Rights Pregnancy Pregnancy Discrimination Reasonable Accommodation

Employee Pay on a Snow Day

With the Eastern half of the United States bracing for heavy snow and freezing temperatures this week, many employers will close businesses due to icy and snowy road conditions. Employers must be mindful, however, that a snow...more

1/22/2014 - Exempt-Employees FLSA Human Resources Professionals Non-Exempt Employees Paid Leave Unpaid Leave Wage and Hour Weather Policy

What is the Minimum Wage Law in Your State?

Although the federal minimum wage will remain unchanged at $7.25 per hour for non-tipped employees ($2.13 per hour for tipped employees), thirteen states have raised pay for minimum wage workers in 2014. Further, eleven...more

1/17/2014 - Compliance Minimum Wage

’Tis the Season To Review Holiday Pay Practices & Employee Requests for Time-Off

With Thanksgiving coinciding with Hanukkah this year and Christmas fast-approaching, employers should review carefully their obligations regarding requests for time-off and holiday pay practices. Specifically, the latter...more

11/26/2013 - Civil Rights Act Employer Liability Issues FLSA FMLA Paid Leave Title VII Unpaid Leave

Investigating Employee Complaints of Workplace Bullying

Workplace bullying is once again receiving significant media attention after a Miami Dolphins offensive lineman, Jonathan Martin, lodged allegations of bullying and harassment by fellow lineman Richie Incognito and other...more

11/13/2013 - Bullying Hostile Environment Human Resources Professionals Internal Investigations NFL Richie Incognito Workplace Bullying Workplace Violence

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