Intern Arrangements Under Federal Scrutiny
Employers should be aware that the U.S. Department of Labor (DOL) is carefully scrutinizing unpaid intern policies of companies that might be taking advantage of extremely high unemployment among 20 to 24 year olds. According to Nancy J. Leppink, the acting director of the DOL’s Wage and Hour Division, “If you’re a for-profit employer or you want to pursue an internship with a for-profit employer, there aren’t many circumstances which allow for unpaid internships and still be in compliance with the law. Non-profit organizations can continue to utilize unpaid interns...
Read MoreEmployers Must Provide Nursing Mothers with Specific Considerations under Federal Health Care Reform Legislation
Among the many provisions of the recently passed federal health care reform bill, nursing mothers who are employees are to be given “reasonable” break time and the privacy to express breast milk for their nursing children. That privacy must be other than a bathroom and for as much as a year following the children’s birth. This provision modifies the federal Fair Labor Standards Act (FLSA), including the previous rule that employees should be compensated for short rest breaks. Nursing mothers can be exempted from that compensation. In addition, employers with less than 50 employees may not be...
Read MoreEmployers May Be Subject to Discrimination Charges If Criminal Background Checks Are Applied Too Broadly
Based on a recent class action suit, employers could be vulnerable to discrimination charges if they apply criminal background checks inappropriately or too generally. The plaintiff in the suit alleged his employer denied employment or terminated employees, including the plaintiff, with past criminal records, which may violate Title VII of the Civil Rights Act of 1964 and various state laws. The employer, or defendant, in the case fired the plaintiff 17 months after being hired because of a previous vehicular manslaughter conviction. This suit, and employers’ exposure to similar suits,...
Read MoreEmployee-Owned Laptops Not Protected Against Discovery by Employers
As employers and employees wrestle with the issue of employees’ rights to privacy in a digital workplace and world, the New Jersey Supreme Court has clearly ruled in favor of the employee in a recent case brought before the judges. Although the ruling cannot be applied in other states, many legal experts expect many other states’ supreme courts to agree with the principle if they are presented with similar cases. In this particular case, client-attorney privilege was the legal issue being disputed. The employer, or plaintiff, used her company-issued laptop to communicate with her...
Read MoreAnother “Left-field” Challenge for HR Professionals and Employers: A No-Scent Policy
It may seem absurd to some that an employee could sue his or her employer about the perfume or other scents a co-worker is wearing, but that is what happened to the City of Detroit. A city employee went to court because she claimed her rights were violated according to the Americans with Disabilities Act, when her health suffered, having been exposed to various personal scents of other workers. She asked the city to implement a no-scent policy or other means to accommodate her chemical sensitivity. When it refused, she sued. The city tried to have the suit dismissed, but when denied, it...
Read MoreEmployers Must Be Prepared for the Growing Trend of Work-at-Home Employees
According to a 2009 study only 2.5 million employees (not including the self-employed) considered home their primary place of business during 2008. Include those who worked remotely from other locations, and that number increases to 17.2 million. Some labor experts, however, think that approximately 40% of the total U.S. workforce could work at home at least part-time. This is a growing trend that must be on employers’ radar because the economic and social benefits are likely to make work-at-home an alternative that employers and employees can’t overlook. From the employer’s perspective, a...
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