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HTMLIf You're Going To Light Up, Pay Up
Tabatha L. George; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
Employees who smoke cost U.S. companies $6,000 more per year than their tobacco-free counterparts, according to a study released this summer by Micah Berman of Ohio State University. Smokers are associated with higher rates of absenteeism, lower productivity, and higher healthcare costs. Given...

 

HTMLPreventing A Messy "Failed Exemption" Lawsuit
Ted Boehm, Lawrence S. McGoldrick; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 03, 2014
In recent years employers have become all too familiar with lawsuits alleging violations of the federal Fair Labor Standards Act (FLSA). According to the Administrative Office of the United States Courts, there were more than 7,000 FLSA federal lawsuits filed in 2012, and 2013 was similar. Many of...

 

HTMLThe EEOC's Focus On Religious Accommodations
Heather Zalar Steele; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
Religious accommodation claims are on the EEOC’s radar screen. This means that offering religious accommodations to employees and applicants must be on your radar screen as well.

 

HTMLThere Must be Proof in That Trade Secret Pudding
Michael R. Greco; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 7, 2014
Okay, maybe the word "proof" is a bit too strong. But a recent decision from the United States District Court for the Middle District of Florida makes clear that trade secret claims must be based upon more than mere suspicion. In American Registry v. Hanaw et al., the plaintiff fell...

 

HTMLIs There An Elephant In The Room?
Sandra Mills Feingerts; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
401(k) Plan documents can read like Russian novels. They are often long and difficult to understand, so it’s no surprise that administrative errors in operating such plans happen frequently. Common errors include omitting or including compensation that doesn’t meet the definition in the...

 

HTMLShould The White House Be Paying Its Interns?
Ted Boehm, Lawrence S. McGoldrick; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
In recent years employers have become all too familiar with lawsuits alleging violations of the federal Fair Labor Standards Act (FLSA). According to the Administrative Office of the United States Courts, there were more than 7,000 FLSA federal lawsuits filed in 2012, and 2013 was similar. Many of...

 

HTMLWho's Checking The Person Who Checked The Boxes?
Sandra Mills Feingerts; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
Most small to mid-size employers sponsoring a 401(k) plan maintain their plan on a pre-approved prototype document. If you’re not familiar with the term pre-approved prototype plan, it consists of a “check the box” document called an Adoption Agreement that is about 25 pages long...

 

HTMLHow To Analyze A HIPAA Breach
Tabatha L. George; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
The Health Information Technology for Economic and Clinical Health Act (HITECH Act) and subsequent regulations have changed several aspects of compliance with HIPAA, including the way covered entities should think about misuses of Protected Health Information (PHI).

 

HTMLYou Can't Fire Me For That - I Was Off Duty!
Jeffrey A. Dretler; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
Employers learned long ago that it’s wise to establish written policies which set forth the standards of conduct expected of their employees. These employers also know that the policies may not simply sit on a shelf (or on an intranet), but must be monitored and enforced in order to remain...

 

HTMLFifth Circuit Delivers Crippling Blow to Controversial NLRB Class Action Waiver Theory
Reyburn W. Lominack; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 03, 2014
Arbitration is generally supposed to be faster, cheaper, and more predictable than litigation. Homebuilder D.R. Horton, like many other employers, certainly believed this when, in 2006, it began requiring employees to sign arbitration agreements preventing them from suing in court, or from bringing...

 


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