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Employment Law

Can we charge worker a fee for lost paychecks?

04/16/2010
Q. One of our employees is constantly misplacing things, like his W-2 forms and his checks. It’s getting annoying. Can we make him pay a fee? We’re thinking this might make him more careful.

Miami-Dade enacts ‘wage theft’ ordinance

04/15/2010

Miami-Dade County employers now have another reason to properly classify employees: On March 1, failure to pay an employee wages he or she is due became “wage theft.” The ordinance is the first of its kind in the nation. According to a county statement, the intent is to allow employees a forum to quickly address pay issues without joining a federal class-action lawsuit.

Train front office to act fast when legal papers arrive

04/15/2010

As an HR professional, you know you can’t ignore legal documents. But what if a new secretary doesn’t know she should forward legal papers to HR, or the papers end up in the in-box of an absent manager? Missing deadlines in those legal documents can mean losing the lawsuit before it really begins.

Diabetes may be serious, but isn’t always a disability

04/15/2010

Employees who have diabetes and take insulin may claim to be disabled. And employers frequently make accommodations to help diabetic employees control their conditions. That doesn’t mean, however, that every diabetic will be able to show he’s disabled under the ADA.

Minimize chance of retaliation suit by insulating new boss from past bias claims

04/15/2010

It often makes sense to offer a fresh start to an employee who claims discrimination. By settling her case and moving her to another position, she gets a chance to begin again, and the employer gets a chance to avoid a potentially expensive lawsuit. To make the move effective, make sure that any new supervisors don’t know about the bias complaint.

Follow these best practices for tracking initial discrimination complaints

04/15/2010

Smart employers carefully track complaints to show that they respond quickly to alleged discrimination and treat it seriously. Done properly, a tracking system gives you ammunition if you ever need it in court. Here are some best practices for handling complaints:

Feel free to impose legitimate discipline, even if employee is out on FMLA leave

04/15/2010

The FMLA provides protected leave for employees who meet the law’s eligibility requirements. That protection includes the right to reinstatement to the same or an equivalent position when the employee is ready to return to work. But that right has limits. Employers are entirely within their rights to continue any disciplinary action they began before the employee went out on leave.

Facing RIF, employees must show initiative

04/15/2010
Workers who lose their jobs in a reduction in force may look at those who were retained and conclude there had to be a discriminatory reason for their misfortune. But before they can successfully sue, employees must show some degree of initiative before they can claim discrimination. An employee who never applies for an open position or who doesn’t actively ask about available jobs isn’t going to win a lawsuit.

Doc’s note can sometimes work in your favor

04/15/2010

At some point in your HR career, you’ll run into a trainwreck of an employee with problems that just seem to escalate. It may start with a small injury and a workers’ comp claim. That can turn into a dispute over alleged harassment and retaliation. Eventually, she may even claim she has developed deep psychological scars … If she says she can’t work and has a doctor who supports her, you may be able to use the medical assessment to your benefit.

Can we force employees to use vacation days as part of military leave?

04/15/2010
Q. We provide unpaid leave to employees who are called up to serve in the armed forces, in accordance with the terms and conditions the Uniformed Services Employment and Reemployment Rights Act (USERRA). May we require employees to concurrently exhaust any earned but unused vacation that they may have accumulated?