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Hard times have forced older workers to try the intern option. Fearing that employers shun applicants with long, unexplained career gaps, ambitious but unemployed people are opting for unpaid internships. But before you get carried away by the prospect of marvelous production for virtually no cost, let’s have a reality check.
With the Occupy Wall Street protests spreading to dozens of U.S. cities, you may be faced with workers who join in such activities, whether in person or via social media. How should you respond?
We all anticipated that the Americans with Disabilities Act Amendments Act (ADAAA) would make it easier for certain medical conditions to qualify as protected disabilities. That was, after all, the point of the law. Earlier this year, the EEOC provided an example of just how well the ADAAA may do that.
Q. We’ve heard about the National Labor Relations Board’s focus on an employee’s right to post critical work-related comments on Facebook. However, we also heard that the NLRB has started to limit its view on whether such comments are protected concerted activity. What’s going on?
Last year, Electrolux agreed to adjust its break schedule to accommodate Muslim employees working the evening shift at its St. Cloud plant. The EEOC mediated last year’s agreement in a process that was hailed as a model of cooperation between the employer, employees and the federal government. Problem solved, right? Not so fast.
Q. We suspect that one of our employees has filed a fraudulent workers’ compensation claim. We would like to hire a private investigator to gather information on his activities. By doing so, are we subject to the requirements of the Fair Credit Reporting Act?
For 15 years, Silvia Angelico Nieto served faithfully as a vice president and relationship manager in Northern Trust N.A.’s international private banking division. Or so the Miami bank thought. Turns out, she spent at least part of that time misdirecting more than $4 million dollars into her own personal bank accounts.
Here’s an important reminder to pass along to managers and supervisors: Simply dismissing a disabled employee’s request for accommodations is folly unless it is crystal clear that no accommodation is possible.
There’s a new legal worry for organizations that receive federal funding contingent on complying with performance conditions. Under the federal False Claims Act (FCA), employees reporting wrongdoing may receive a whistle-blower award worth up to 25% of funds wrongly received by their employer.
The 4th Circuit Court of Appeals has ruled that it’s not retaliation for a prospective employer to refuse to hire someone who sued another employer for wage-and-hour violations under the FLSA. Even so, tread carefully in this area, because the rules could change.