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LINHART V. ZITELLI & BROADLAND P.C.: A LESSON IN DOCUMENTATION AND PROMPT ACTION

By Matthew B. Hansberry | Published: February 23, 2012

It probably comes as no surprise that documentation, or the lack thereof, can play a critical role in matters that lead to litigation.  An example of how a lack of documentation, combined with a delay in acting upon a decision, can have a negative impact on an employer’s defense is reflected in Linhart v. Zitelli & Broadland P.C., a recent decision by the federal district court for the Western District of Pennsylvania.

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Posted in Discipline and Discharge | Leave a comment

THE IMPROVEMENTS CONTINUE…

By Mario R. Bordogna | Published: February 17, 2012

We told you to expect new content – and you got it! If you haven’t had the chance to download our free investigation tool kit, check it out now in the right margin.

We told you to expect new features and new ways to connect with us – and here’s the first of our exciting new features!  Today, we are launching a regular column that we hope you will find fun and informative.  Check out Vanessa’s Views for a unique perspective on employment issues by clicking in the box above.  We hope you enjoy it, and invite you to tell us what you think.

Posted in General Employer Interest | Leave a comment

FORM I-9 COMPLIANCE – THE ICE TURNS UP THE HEAT

By Ann Kontner | Published: February 16, 2012

All U.S. employers are required to comply with the federal regulations requiring verification of the employment eligibility of all workers. Verification is made by having every employee complete a Form I-9 (Employment Eligibility Verification Form).  Failure to complete the process can result in fines levied against an employer, and in cases involving willful refusal to comply, criminal charges can be brought against the individual(s) within the company responsible for compliance.

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Posted in Hiring, Immigration | Leave a comment

FREE DOWNLOAD: SEXUAL HARASSMENT INVESTIGATION TOOLKIT

By Mario R. Bordogna | Published: February 14, 2012

To all our Employment Essentials readers, do we have a gift for you! Over the next few months, the EE blog team will be rolling out several new features that we hope you will enjoy. Today marks the start of those efforts, where we celebrate Valentine’s Day with a link to a free sexual harassment investigative toolkit in the right margin. Download the PDF today, because this content will be available on our blog for only a short time.  Better still, keep coming back regularly, because more new features on our blog are right around the corner!

Posted in General Employer Interest | Leave a comment

EEOC APPROVES DRAFT FINAL RULE CLARIFYING SCOPE OF AGE DISCRIMINATION DEFENSE

By Julie Arbore | Published: February 10, 2012

Late last year, the Equal Employment Opportunity Commission (EEOC) approved a draft final regulation which everyone in the employer community should know about.

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Posted in Discrimination (Title VII / EEO) | Leave a comment

NLRB RULING INVALIDATING COMMON PERSONNEL POLICIES

By Rodney Bean | Published: February 6, 2012

In a decision that could render illegal several common personnel policies, the National Labor Relations Board has held that an employer violated federal law by enacting rules requiring employees to perform only work during working hours, maintain the confidentiality of personnel files, and voice complaints to their supervisors or human resources rather than to each other.  The Board also struck down workplace policy provisions that prohibited disclosure of electronic messages to unauthorized persons and prevented workers from discussing matters that were under investigation by the employer’s human resources department. 

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Posted in Labor Relations | Leave a comment

WHAT IT MEANS FOR THE SENATE TO BE IN “RECESS”

By Joseph U. Leonoro | Published: February 1, 2012

As we have discussed here many times before, the National Labor Relations Board is no stranger to headlines, and it is once again at the center of a political and constitutional showdown in Washington.

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Posted in Labor Relations | Leave a comment

THE MINISTERIAL EXCEPTION TO EMPLOYMENT DISCRIMINATION SUITS: Hosanna-Tabor v. EEOC

By Matthew B. Hansberry | Published: January 26, 2012

Earlier this month in a case styled Hosanna-Tabor v. EEOC, the U.S. Supreme Court handed down a significant decision for religious employers throughout the country.  For the first time, the U.S. Supreme Court recognized a ministerial exception to employment discrimination suits.  The ministerial exception bars discrimination claims by individuals in the clergy against certain religious organizations or religious educational institutions under the theory that government regulation of religion is prohibited by the First Amendment freedom of religion.

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Posted in Discrimination (Title VII / EEO) | Leave a comment

U.S. AIRWAYS V. MCCUTCHEN: IS IT “FAIR” FOR YOUR HEALTH PLAN TO ENFORCE ITS REIMBURSEMENT RIGHTS?

By Sara E. Hauptfuehrer | Published: January 23, 2012

Group health plans typically provide that when the plan pays benefits for treatment of injuries incurred as the result of a third party’s negligence, the plan is entitled to reimbursement for those payments from the proceeds of injured participant’s recovery (if any) from the third party.  In general, those kinds of provisions are enforceable under federal law, and careful drafting of precise and unambiguous language can help ensure that the plan is entitled to reimbursement even if the participant’s recovery does not fully compensate the participant for the harm suffered by the participant – that is, make the participant whole.  Further, again assuming appropriate language in the plan, the plan’s reimbursement will not be subject to reduction for a share of the participant’s attorneys’ fees.  That appears to be the state of the law in West Virginia, Ohio, and Kentucky.  Until about a month ago, it was the law in Pennsylvania as well.

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Posted in Employee Benefits/ERISA | Leave a comment

IMPROVEMENTS ON THE WAY!

By Mario R. Bordogna | Published: January 17, 2012

For all of our devoted readers out there, we want you to know that we’re not just content with the status quo.  Nope.  We want to be better, and to that end, we’re going to be rolling out several new things on the Employment Essentials blog in 2012, starting in February and continuing throughout the year.  While we don’t want to let the cat out of the bag early on what those are, we can tell you that a lot of what we plan to do is going to be somewhat unique in the blogosphere.  There are going to be new features, new content, and new ways for the Employment Essentials team to interact and connect with our readers and followers.  On our end, we’re very excited about these improvements, and we hope they’ll enhance your experience with us.  Keep visiting our blog regularly in 2012 as we reveal all the new ‘essentials’ you need in the world of employment, labor and HR!

 

Posted in General Employer Interest | Leave a comment

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