Employment Law Articles - Page 2
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New COBRA Regulations Require Employer Action - entered: September 4, 2005 - author: Charles H. Kaplan, Esq. - On May 26, 2004, the United States Department of Labor (the “DOL”) issued final regulations concerning the timing and substance of notices that employers and plan administrators must issue regarding group health continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”). These new regulations, which are codified at 29 CFR Part 2590, (the “Regulations”), require timely employer action to overhaul COBRA notices and procedures. click here for full text.

WHO IS AN APPLICANT, WHO IS A MINORITY -- THE TIMES THEY ARE A CHANGING - entered: September 4, 2005 - author: Ted Eisenberg - Government contractors and subcontractors should take special note of the new proposed regulations concerning the definition of an applicant under equal employment opportunity and affirmative action laws, with respect to applications made over the Internet and via related technologies. The definition of applicant is extremely significant as it establishes: (1) the scope of recordkeeping obligations, and (2) the basis for statistical analyses to determine discrimination, i.e. click here for full text.

Labor and Employment Law Ezine - entered: September 4, 2005 - author: From The Law Offices Of Grotta, Glassman & Hoffman, P.C. - Twelve years after the passage of the Family and Medical Leave Act, federal legislators have proposed a new bill that would mandate paid sick leave. Specifically, the “Healthy Families Act” would require employers of at least 15 employees to provide their full-time employees with a minimum of seven days of paid sick leave per year, to be used for recovery, routine medical appointments, or to care for sick family members. Part-time employees who work 20 hours a week or more would be eligible for such paid time on a pro-rated basis. In addition click here for full text.

Payment for Missed Meal Period is a Penalty and Not a Wage - entered: September 4, 2005 - author: From The Law Offices Of Thelen Reid & Priest LLP - Thelen Reid scored an important victory for California employers by obtaining a “precedent decision” from the California Labor Commissioner in Hartwig v. Orchard Commercial, Inc., which held that the additional hour of pay employees may recover under Labor Code section 226.7 for missed meal or rest periods is a penalty and not a wage subject to a one-year statute of limitations. The Labor Commissioner designated Hartwig a precedent decision of the Division of Labor Standards Enforcement (“DLSE”) in response to widespread concerns about the lack of interpretive guidance on meal and rest period rules. click here for full text.

Sexual harassment FAQs - entered: September 4, 2005 - author: Mary T. Keating, Esq. - Sexual harassment is a form of sexual discrimination, which is forbidden by Title VII of the Civil Rights Act of 1964. Title VII applies to most workplaces with15 or more employees. Sexual harassment involves unwanted sexual advances, touching, requests for dates or sex, frequent comments, or other behavior that creates an atmosphere riddled with demeaning, insulting or pornographic references to sex or your gender. click here for full text.

It’s Time to Review Your Company’s Work Rules - entered: September 4, 2005 - author: Alan I. Model - Many “union-free” employers fail to pay attention to the National Labor Relations Act (“NLRA”), the federal law that gives employees the right to engage in concerted activity (e.g., join a union). To these employers, the NLRA is of little significance because their employees are not presently unionized, thus, they do not have labor relations issues. The reality, however, is that companies in every sector of the economy, union-free or unionized, have labor relations issues and need to review their work rules and policies to prevent a challenge under the NLRA. click here for full text.

Employment - entered: March 17, 2006 - author: Stuart H. Grozbean, Esq. - One of the biggest questions asked today is "should I sign a non-compete"? This all depends on your job responsibilities and the nature of the position you hold. A non-compete is an agreement between you and your employer to generally refrain from working or interfering with the employers company should your employment be terminated. The terms of the agreement are generally broad and in favor of the employer. All agreements must be in writing. A written agreement may be entered into with an click here for full text.

TERMINATION AGREEMENTS - entered: March 17, 2006 - author: Stuart H. Grozbean, Esq. - You have just been called into a meeting with your supervisor or HR person and informed that your job position has been eliminated or they just tell you that you have been terminated and no reason is given. What are your rights and what should you do? In most states, unless you are under written contract, your employment is called “at will” . Under employment at will, employees have no "property rights" to their job; employers are free to dismiss employees "at will," without any reason or cause. click here for full text.

Family and Medical Leave Act - entered: March 17, 2006 - author: Stuart H. Grozbean - The Family and Medical Leave Act (FMLA) provides a means for employees to balance their work and family responsibilities by taking unpaid leave for certain reasons. The Act is intended to promote the stability and economic security of families as well as the Nation's interest in preserving the integrity of families. The FMLA applies to any employer in the private sector who engages in commerce, or in any industry or activity affecting commerce, and who has 50 or more employees each working day click here for full text.

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