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Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.

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Q. We’re a dermatology practice and one of our new em­­ployees is excessive with tanning. She has a dark tan and sometimes is sunburned. We promote the opposite of what she does. She also wears tight low-cut tops. Are we allowed to say something in both regards?
The U.S. Department of Labor recently issued three new fact sheets that help clarify what types of employer actions rise to the level of illegal retaliation under the FMLA and FLSA.
How to avoid the two most common pitfalls in writing performance reviews.
U.S. combat operations in Iraq ended in December, and the Depart­ment of Defense is gradually drawing down forces in Afghanistan. As you rehire employees returning from military service, make sure you follow USERRA guidelines. How to comply:

Federal rules that took effect Jan. 1 require group health insurers to spend 80% to 85% of every premium dollar on medical care and health-care quality improvement. Insurers that fall short must start paying rebates to insurance plan participants, starting Aug. 1. Now the DOL has clarified how those rebates should be disbursed.

The U.S. Office of Federal Contracts Compliance Programs (OFCCP) proposed a new rule that would require federal contractors and subcontractors to have at least 7% of their workforce contain people with disabilities.
The EEOC has filed suit against Miami-based Vitas Healthcare alleging it violated the ADA when it made a disabled employee compete for a vacant position. The case raises a critical question that could carry it all the way to the Supreme Court.

Many employers (and the consultants who encourage them) aren’t doing a good job of managing the legal risk and cost associated with wellness programs that ignore the law. Federal, state and sometimes local laws can affect wellness programs. Employers need to understand them.

The Drug-Free Workplace Act (DFWA) requires covered employers and contractors to certify that they are maintaining a drug-free workplace. The DFWA deals with such issues as how the law requires employers to conduct drug testing; what employers must include in drug-free workplace policies; and steps that must be taken for notifying employees and government agencies about their drug-free strategies.

If you're relying solely on your memory to evaluate employee performance, you're making appraisals far more difficult than necessary. That's why it's best to institute a simple recording system to document employee performance. The most useful, easy-to-implement way is to create and maintain a log for each person. Follow these six steps:

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