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Was Heavy Workload a Good Excuse for Attorney’s Wrongful Discharge Claim?

HR Daily Advisor

“Liam” worked as a regional legal senior staff attorney in the claims legal division of American Family Mutual Insurance Company’s Kansas City office from July 14, 2003, to August 21, 2013. Brenner, a contributor of Missouri Employment Law Letter , can be reached at Armstrong Teasdale LLP via jbrenner@armstrongteasdale.com.

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HEA 1482 Requires Indiana Employers to Update Employment Application Language Related to Criminal Record History

ExactHire

Effective July 1, 2013, Indiana’s House Enrolled Act No. 1482 is a new law with which Indiana employers, including national employers based elsewhere that employ individuals in the state of Indiana, must comply. Employment Application Requirement & Punishment for Failure to Comply In Sec.

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The Cost of Misclassifying Independent Contractors

HR Counselor's Corner

In 2013, the Obama Administration estimated that implementing efforts to reduce misclassification would bring in $8.32 This factor weighs in favor of an independent contractor classification if the individual, rather than the potential employer, exercises substantial control over key aspects of the performance of the work.

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Court: HIPAA Violations are Grounds for Termination

HR Daily Advisor

On May 7, 2013, Michelle and a technician were assisting a physician who was performing an echocardiogram. Michelle was terminated on May 9, 2013, after an investigation concluded that she violated the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Nor had she exercised some statutory right.

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Employee or Independent Contractor? Right to Control Is Key

HR Daily Advisor

A continuing point of contention in employment law revolves around who is an employee versus who is an independent contractor. Chris claimed that in early 2013, he complained to Carlos about not receiving overtime pay or having proper deductions taken from his paycheck. Read on to see how the court analyzed the issue.

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Huge $5M EEOC settlement spotlights an enforcement priority that you may be overlooking

The Employer Handbook

In late December of 2012, the EEOC approved its Strategic Enforcement Plan for 2013-2016. This priority entails targeting disparate pay, job segregation, harassment, trafficking and discriminatory policies affecting vulnerable workers who may be unaware of their rights under the equal employment laws, or reluctant or unable to exercise them.

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10th Circuit Upholds Dismissal of FMLA Claim Based on ‘Prejudicial’ Evidence

HR Daily Advisor

The 10th Circuit ruled that the trial judge was right to exclude the evidence because it was too prejudicial to the employer—compared to its evidentiary value—to allow a jury to consider it. On November 15, 2013, Eric broke his ankle while playing soccer. Background. His supervisor insisted that he take FMLA leave.