Employment Law Blog

Department of Labor’s Interpretation Expands Employer’s Obligation to Grant FLMA Leave

Monday, June 28th, 2010

Employers subject to the Family and Medical Leave Act (at least 50 employees) will likely see an increase—perhaps a significant increase—in employees requesting FMLA leave “for the birth or placement of a child, to care for a newborn or newly placed child, or to care for a child with a serious health condition.” Employees with no legal or biological parent-child relationship are now entitled to claim “in loco parentis” (“in the place of a parent”) status under the FMLA if they have day-to-day responsibility to care for a child. (more…)

Have You Ever “Dooced” an Employee?

Tuesday, June 8th, 2010

No, this is not about sexual harassment.  “Dooced” is a new slang word that describes terminations related to an employee’s use of internet-related communications.  It might involve communicating via weblog, Facebook, MySpace, Twitter, or LinkedIn.  When an employee is terminated as a result of such communication, the termination is called a “dooce.” (more…)

Just When You Think It’s Safe to Go to Work Again… More Egregious Sexual Harassment!

Monday, May 17th, 2010

Recently, I was asked if companies have finally received the message about sexual harassment in the workplace—whether it’s becoming less frequent and less shocking in degree.  I think companies are doing a better job of educating their managers and employees about the subject.  But I still find examples that make me shake my head and mutter, “What were they thinking?” (more…)

Employment Law Seminar – Human Resources Solutions for Your Business

Friday, April 23rd, 2010

Join the attorneys at Bamberger for a complimentary seminar on the best practices in human resources and how proper documentation and effective channels of communication can improve and protect your business.  The seminar is on Tuesday, May 4th, 2010 from 7:45 to 9:00 am at Bamberger’s Evansville office on the 10th floor of the Hulman Building. (more…)

Notice: Change in Bamberger Blog Subscription Provider

Wednesday, April 21st, 2010

As the Bamberger Blog subscriber list continues to grow, we have decided to upgrade our Blog’s email and RSS service from Google Feedburner to the more enhanced Google FeedBlitz. (more…)

Employment Law Seminar – Surviving the Pitfalls of the Hiring Process

Friday, February 12th, 2010

Join the attorneys at Bamberger for a complimentary seminar on the best practices in Employment Law on Tuesday, February 23rd from 7:45-9:00 am.  The event will focus on procedures such as pre-screening employees, background checks, disability, initial employee training and counseling problem employees. (more…)

Proposed Regulations by the EEOC Expand the “Disability” in the Americans with Disabilities Act Amendments Act of 2008

Friday, February 5th, 2010

The Americans with Disabilities Act (“ADA”) was amended in 2008 by the Americans with Disabilities Act Amendments Act (“ADAAA”).  The ADAAA became effective on January 1, 2009.  The purpose of the ADAAA was to expand the definition of “disability” under the ADA.  Congress had always intended the ADA definition of “disability” to be construed broadly.  However, courts were finding that many people fell outside the protections of the ADA.  So, one of the main goals of the ADAAA was to restore the original intent and scope of the ADA by reinstating a broad scope of protection for individuals.   (more…)

Action Required – COBRA Coverage Premium Subsidy Extended Six Months

Monday, February 1st, 2010

I. The Original COBRA Subsidy Is Expanded

President Obama signed the Department of Defense Appropriations Act of 2010 (DDAA) into law on December 19, 2009. (more…)

Workplace Violence – It Can Happen To You

Friday, January 8th, 2010

On January 7, 2010, a man with an assault rifle walked into a manufacturing plant in St. Louis and opened fire killing two people and wounding several others before taking his own life.  The shooter was a disgruntled employee who had been with the company for twenty-three (23) years.  The shooter was described by neighbors as a family man and a good guy. (more…)

The Price of Groceries Just Went Up

Tuesday, January 5th, 2010

Just when you think that corporate America has blatant discrimination under control, some “believe-it-or-not” set of facts surfaces. One of the latest—at least to our knowledge—involves Albertson’s LLC grocery chain.  The EEOC announced that the grocer will pay $8.9 million to 168 black and Hispanic workers who said they were subjected not only to racial taunts, but a graffiti-laced restroom depicting lynchings and swastikas. (more…)