Under the Affordable Care Act (ACA), an employer subject to the Fair Labor Standards Act must provide a written notice to current employees about the Health Insurance Marketplace (the “Exchange Notice”) by October 1, 2013, and for those hired on or after October 1, within 14 days of the employee’s date of hire. Employers have […]
Harassment between co-workers poses some unique issues. Employers are not automatically liable for harassment committed by all employees. If the employer is aware of harassment occurring and does not take steps to address and stop it, then the employer has some exposure. If the employer is not aware of the harassment, the employer may be […]
In 1996, as states were beginning to consider the concept of same-sex marriage, and before any state had acted to permit it, Congress enacted the Defense of Marriage Act. Section 3 of DOMA defined the term “marriage” as “a legal union between one man and one woman as husband and wife,” and defined the term […]
After the U.S. Supreme Court handed down its decision regarding same-sex marriages in United States v. Windsor this summer, a number of governmental agencies charged with administering employment laws have issued explanations about how they intend to apply the high court’s ruling. Following that trend, the U.S. Department of Labor recently announced its application of […]
With health insurance costs on the rise, an increasing number of employers have begun implementing company-sponsored wellness programs as a way to encourage employees to live healthier lifestyles. Done correctly, it can be a win-win situation…
The answer can be quite complicated . . . unless you live in Oklahoma. In Gandall v. FlightSafety Int’l Inc., a federal court judge for the Northern District of Oklahoma recently reaffirmed that attendance could be considered an essential job function under the Americans with Disabilities Act.
Last week I received a text from someone who was sitting across the table from me. I was looking at them. Same-room texting — for me, this was a technological first. No question that technological advances are impacting the workplace. And sometimes these advances complicate managing employee issues. Let’s look at how texting and managing […]
Did you hear about the dentist who fired his dental assistant because she was too attractive? That was the situation in Nelson v. James H. Knight DDS, P.C. … at least sort of. News outlets have run wild with the story of the woman who was fired because she was too “hot” — but the Nelson […]