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President Clinton’s 1999 budget plan contains new proposals to encourage small businesses to establish pension plans for their employees. Under the plan, employers would receive limited tax credits for up to 50% of certain administrative and retirement education expenses associated with new pension, 401(k), or payroll deduction IRA plans.
Dealing with employees who have emotional or psychological problems can be challenging both personally and legally. And now, handling these issues is trickier than ever in light of two recent conflicting cases on the definition of mental disability. Court Finds Loophole In the first case, brought against Bowersmith Inc. based in the Tulare County town […]
Under federal Department of Transportation rules, if you employone or more commercial drivers who operate certain types of vehicles, you must comply with detailed drug and alcohol testing, training and record keeping regulations. As of January 1, 1998, the percentage of drivers you’re obligated to randomly test for alcohol use has been lowered from 25% […]
In a new approach to dealing with leaks of trade secrets, a court barred a high-tech employee from performing any work in his field for two years after he allegedly disclosed confidential documents to a competitor during a job interview. The case involved David Allouche, who worked for National Semiconductor Corporation in Silicon Valley. Allouche […]
Suppose your business has taken a downturn and you decide to implement a reduction in force. Can you lay off a person whose work performance has slipped due to a condition that is covered by the Americans with Disabilities Act (ADA)? A new federal Court of Appeal opinion says yes, and the ruling also has […]
If someone requests a leave of absence because of pregnancy or serious illness, you probably know the federal and state laws that apply. But you may not be aware that there are a host of other rules allowing employees to take leave in other situations-such as going into drug rehab, taking an adult literacy class […]
The U.S. Supreme Court has agreed to resolve conflicting lower court decisions about whether people who are HIV-positive, but don’t have any AIDS symptoms, automatically qualify as disabled under the Americans with Disabilities Act. The case, which involved the part of the law dealing with discrimination in public accommodations, arose when a dentist refused to […]
One of your employees fails to return to work following a leave. Despite repeated attempts to contact her, you hear nothing and receive no explanation for her continued absence. Finally, you terminate her. But then she turns around and sues you for violating the Americans with Disabilities Act, claiming she was having a manic depressive […]
Under federal law, employees who are exempt from the overtime rules must usually be paid a fixed salary regardless of the number of hours they work. But suppose an exempt employee does extra work and you want to compensate them for it? Many legal experts had believed that additional pay would jeopardize an employee’s exempt […]
Suppose you have an employee who is off work because of an injury. When the employee’s doctor gives them the green light to return without limitations, you may still be concerned that the person cannot do their job properly. So you ask the worker to first undergo a fitness-for-duty evaluation. If the employee refuses, […]