Archive | Employment Law

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Coverage of Harassment Claims

By on May 21, 2018

Because of the renewed spotlight on sexual harassment, a Company can face significant legal costs associated with their employees’ alleged misconduct.  To limit legal costs, some Companies turn to liability insurers when a sexual abuse situation arises.  Instead of receiving the anticipated coverage, however, a Company may receive from their insurer a denial of coverage […]

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New DOL Opinions — Health Breaks and Travel Time

By on April 24, 2018

On April 12, the U.S. Department of Labor issued opinion letters addressing two important topics:  compensation for brief health-related breaks and compensation for certain travel time. Non-exempt employees on breaks of 20 minutes or less normally are entitled to stay on the clock and be paid for the short duration that they are not working. […]

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The New “PAID” Program

By on April 17, 2018

The U.S. Department of Labor has a new Payroll Audit Independent Determination or “PAID’’ pilot program.  Under it, the DOL invites employers to voluntarily audit their pay practices and disclose compliance issues.  The DOL will then review the employer’s calculations and make its own determinations.  The employer then pays its employees, and employees normally would […]

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Reconciling Title VII and the NLRA

By on March 28, 2018

Employers may defend Title VII claims by showing that they exercised reasonable care to prevent and correct the illegal behavior. According to the EEOC, “reasonable care” requires an employer to have a non-discrimination policy providing, among other things, an assurance the employer will “protect the confidentiality of Title VII complaints to the extent possible.” At […]

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Employment Law Thoughts with Chip – Internships?

By on March 9, 2018

Three clients in the last two weeks have asked me about internships.  It must be the season for people to look for those opportunities.  The key question is always the same:  Do we have to pay them?  A recent appeals court decision provides some guidance, but no definitive answer. The U.S. Court of Appeals for […]

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Employment Law Thoughts with Chip – Reductions in Force

By on February 20, 2018

A recent federal court decision demonstrates the importance of a clear reduction-in-force selection process. In Ameti v. Sikorsky Aircraft Corp., the plaintiff claimed discrimination when he was selected among 17 of his peers in a reduction in force. The company utilized an employee assessment to determine the abilities of the employee and his peers to […]

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Neil Talegaonkar

More for Employers to Be Anxious About Under the ADAAA

By and on April 28, 2015

In 2008, Congress enacted the ADA Amendments Act of 2008 (ADAAA), which expanded the Americans with Disabilities Act of 1991 (“ADA”).  Congress passed the ADAAA with the express intent of counteracting several Supreme Court of the United States precedents and “reinstating a broad scope of protection to be available under the ADA.”  Last month, the […]

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