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Showing 76 posts from 2013.
Drug-Free Workplaces, Followed by Drug-Free Benefits?
In recent years, policy makers in numerous states have considered banning welfare, unemployment benefits or workers’ compensation to employees or ex-employees who test positive for drug use. Proponents say that public monies should not be given to those who engage in illicit drug use and likely misuse payments on their addiction. Opponents say that these policies target the already-vulnerable who may be trying to get back on their feet and argue that drug testing procedures can be just as costly as the doled-out payments. The Kentucky legislature may take up the issue in 2014, as it has already showed interest in such measures during past sessions. More >
Thinking Outside the Box: Eliminating the Criminal Conviction Box from Employment Applications
As most employees and employers are aware, a standard employment application normally includes a box or line item for the applicant to document whether he/she has ever been convicted of a crime. In the employment relations realm, however, there exists a growing initiative to “ban-the-box” – meaning that job applications no longer ask about one’s criminal history. More >
Supreme Court To Consider Employers’ Arguments Regarding Contraceptive Mandate
The United States Supreme Court will revisit the Affordable Care Act (“ACA”) requirement that most employers provide contraceptive coverage in employee health insurance plans. On November 26, 2013, the Court accepted two cases which center on the issue, each of which resulted in a different outcome. The ACA currently provides an exemption to certain non-profit religious organizations, but there is no such exemption for private employers. More >
The Christmas Conundrum, continued
On Monday we discussed the basic framework for providing employees with days off during recognized religious holidays. A related issue commonly presented during the holiday season is whether employees must be paid for their time off. More >
The Christmas Conundrum
The holidays are a joyous time of year, but many employers face the season with a certain sense of trepidation as their employees inevitably request time off work. As the holiday season kicks into full gear, now is a good time for employers to refresh themselves on basic guidelines for granting and denying employees’ vacation requests. More >
Foul on the Play: When Bullying in the Workplace Is Real
When Miami Dolphins player Jonathan Martin made allegations that veteran teammate Richie Incognito had bullied and hazed him so badly that he had no choice but to leave the team, the NFL was collectively stunned. Bullying in professional football? Can such a thing exist? More >
What You Should Know About Wage Garnishment
Wage garnishment is a legal means of collecting an unpaid debt through a direct payroll deduction. In most cases, a creditor must file a lawsuit and obtain a judgment against the debtor before a garnishment can be instituted (there are, however, a few exceptions to this general rule). More >
An Employer’s Duty Re: Jury Duty
Serving on a jury is one of the most important civic duties that a citizen can fulfill. For employers, however, having employees miss days or weeks at a time to sit on a jury can a mean a lag in productivity. If an essential employee is summoned for service it may be tempting for the employer to persuade him or her to find a way out of participating. As an attorney, I have often heard jurors attempt to skirt their duty by saying, “You Honor, I cannot miss work.” More >
Facebook Friends & Workplace Enemies, cont.
On Monday, I provided details about the Ehling case wherein an employee had made an inappropriate Facebook post and, unbeknownst to her, had that Facebook post sent to her manager by a Facebook “friend” and coworker. More >
Facebook Friends & Workplace Enemies
Inappropriate Facebook posts, pictures and the like have led to many firings in recent years. A large number of employees have become smarter on social media and made a concerted effort to not “friend” a manager or boss. They think that they are keeping their online persona and work reputation separate…but is that really possible when dealing with the Internet? More >
