Employment Law

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Patricia Smith, the former comptroller for the Baierl Acura dealership in Wexford, lived lavishly for 6½ years. Now Smith is trading in haute couture for prison coveralls after pleading guilty to embezzling more than $10 million from her employer between late 2004 and July 2011.
Presumably, Kamps Pallets heard from OSHA via nonverbal means. The company’s plant in Versailles faces fines for 10 OSHA violations after inspectors discovered conditions so noisy that workers’ hearing was endangered.
There’s no collecting attorneys’ fees from the EEOC in mid-litigation. A court said that it must wait until a case ends.

Q. A couple of weeks ago, an employee came into work smelling like alcohol. His supervisor later reported that day that the employee “acted drunk” in a staff meeting. Yesterday, one of the same employee’s co-workers indicated that the employee came back from lunch “smelling like marijuana.” Can these reports justify requiring the employee to undergo a drug or alcohol test?

Benedictine Health Services at Innsbruck has agreed to settle a disability suit lodged by the EEOC. Two former employees initially complained that Benedictine required them to be free of medical restrictions before they could return to work from medical leave unless the restrictions were due to an on-the-job injury.
Election Day is just a few months away, and everyone should exercise their franchise. You can help by letting employees take time off from work to vote. In fact, you may not have much choice in the matter. Some states require you to grant leave so employees can vote.
The Genetic Information Nondiscrimination Act prohibits employers from discriminating against employees based on their own or their family members' genetic information. Employers cannot acquire or disclose genetic information, or use such information to make employment decisions.
Retaliation is prohibited under numerous state and federal laws. What must employers know to avoid accusations of retaliation?
Here are some nuggets of employment law advice from the speakers at this summer’s Society for Human Resource Management annual conference in Atlanta.

Q. I recently read about an employer laying off an entire division and then making those employees reapply for newly reconfigured jobs in that division. This sounds like a good way to get rid of deadweight and lower our payroll. Are there any legal problems with this? Will those who don’t reapply still be eligible for unemployment compensation?

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