The Internet is burning up this morning with the story of an Applebee’s waitress who was fired for posting on Reddit, a social news and entertainment site, the receipt from a customer who gave her no tip on a $35.00 check, writing "I give God 10% why do you get 18?" Unfortunately, the waitress did
Sales Managers Gone Wild?
I know we haven’t posted anything in a couple of weeks, so some of you might think that I am reaching when I write about a Utah state court decision overturning a lower court decision that had denied the plaintiff the right to amend his complaint. Normally, this would generate a big yawn, but it is not every day that I read a case where the plaintiff alleges that his supervisor had him waterboarded as a motivational tool for his workforce.
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Watch What You Say in Your $*@&^#% Emails
It may be that it’s Monday morning as I write this but I have to admit I got a kick out of the news articles circulating late last week that reported that Goldman Sachs has revised its electronic communications policy to prohibit the use of any profanity in emails. The edict apparently results from emails that became public…
HIRE Act Provides Tax Exemptions for Employers
President Obama signed the “Jobs Bill” into law on March 18, 2010. Part of the Jobs Bill is the HIRE or “Hiring Incentives to Restore Employment” Act. The HIRE Act grants employers a tax exemption for their 6.2 percent Social Security (or FICA) payroll contribution for every new qualified employee hired between February 3, 2010, and before January 1, 2011, for wages paid beginning March 19, 2010.
A qualified employee is someone who has been unemployed for 60 days prior to accepting employment. Being “unemployed” means having worked less than 40 hours during the preceding 60-day period. To be qualified, the employee must not be hired to replace another employee unless the employee quit voluntarily or was fired for cause, which includes employees who were terminated as part of downsizing. Finally, a qualified employee must not be “related” to the employer as defined in the U.S. Tax Code.
In addition to the 6.2 percent exemption, employers may earn an income tax credit that is equal to 6.2 percent of paid wages, or up to $1,000, for every new qualified employee who is retained for 52 consecutive weeks. This credit will be taken on the employer’s 2011 income tax. To ensure eligibility for the income tax credit, the employer must ensure that the wages paid to any qualified employee during the last 26 weeks are at least 80 percent of what was paid to that employee during the first 26 weeks.
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New York Jets Coach Fined for “Off-Duty” Conduct
While attending a Mixed Martial Arts event in Miami, New York Jets head coach, Rex Ryan, apparently made an obscene gesture at some Miami Dolphin fans who were taunting him. Yesterday, the Jets fined Ryan $50,000. Ryan was attending the event, which was neither team nor NFL-sponsored, on his own time, but the team obviously…
How Should the Ohio BWC and Industrial Commission Treat Claims for H1N1?
As concerns about the potential scope of the H1N1 flu continue to grow, one question we keep hearing from clients is whether employees who believe they have contracted H1N1 in the workplace may have compensable workers’ compensation claims. In the vast majority of cases, we believe the answer will be a resounding “No.”…
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Michael Vick Gets Released From the ERISA Doghouse, But Could You be Next?
Sports fans, you can breath easier about your fantasy football lineups — Michael Vick is out of the doghouse with the U.S. Department of Labor, presuming he complies with a consent judgment.
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Hockey Firing Raises Age Discrimination Issue
Generally, the firing of a professional sports team’s general manager is not going to raise my interest as an employment lawyer, but the comments made by the owner of the Chicago Blackhawks after Dale Tallon was fired certainly piqued my interest. Those hockey fans in the audience may know that Tallon’s firing came shortly after…
My Summer Camp Adventure
Starting this past Tuesday and running through the second Tuesday in August, I will be attending Social Media Summer Camp, a Columbus Business First initiative.
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Jon & Kate Plus 8…..Equals Child Labor Law Violations?
In wage and hour news, the TLC show “Jon & Kate Plus 8” may be in some hot water for violations of state child labor laws. Troy Thompson, Spokesman for the Pennsylvania Department of Labor and Industry, has been widely quoted as confirming that the agency received a complaint and is conducting an investigation.
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