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Employment Law

Beware retaliation suit if lateral transfer harms career

12/11/2009

While employers generally are free to direct their workforces in reasonable ways to meet operational needs, they can’t retaliate against employees for complaining about possible discrimination. While a mere reassignment to another department in a retail store isn’t retaliation, a transfer or series of transfers that limits future opportunities may be.

You can’t go wrong with a solid discharge reason

12/11/2009

You never know which employee will sue you, when or why. Everyone can probably find some reason good enough to get past the courthouse door. It’s your job to make sure you can send them right back out. The best way to do that: Always have a solid reason for disciplinary action.

O’Hare TSA contractor could lose more than just back pay

12/11/2009

The president and vice president of a transportation company at O’Hare International Airport are facing federal criminal charges for allegedly stiffing their employees. DOL investigators say the company owes back wages and benefits totaling at least $1.5 million to more than 120 workers. And with the TSA involved, it’s not just a civil matter; it’s a violation of the federal Service Contract Act.

Workers’ comp marijuana denial goes up in smoke

12/11/2009

After an apprentice for construction contractor Lenny Szarek Inc. fell through a hole in a second-story floor, he tested positive for marijuana and cocaine. Based on the drug test results, the company’s workers’ comp carrier denied the claim. But the Illinois Industrial Commission reinstated his claim …

What are the new FMLA military leave protections?

12/11/2009

Q. I understand that the FMLA military leave rights have been expanded. Can my employees request leave to care for a family member who is a veteran undergoing medical treatment?

What’s up, doc? How to collect medical info under FMLA rules

12/10/2009
To determine whether an employee or family member has a condition that meets the FMLA’s definition of “serious health condition,” employers should review the medical certification they receive from the employee’s health care provider. One key section of the updated FMLA regulations clarifies who may request additional information about an employee’s FMLA certification—and how it should be sought.

Contractor or employee? IRS launches audit blitz

12/10/2009

If your organization uses independent contractors, watch out: Starting in February, the IRS will begin intensive audits of 6,000 randomly selected employers. One key target: identify employers that are improperly misclassifying employees as independent contractors. If your company is selected for audit, follow good IRS examination management practices:

What to do when execs undermine your HR policies

12/10/2009

Q. “For years, we’ve granted two employees—a married couple—extra unpaid leave for vacations. We recently notified employees that additional time off would no longer be given. But the owner sees no problem making an exception for this couple, even while other employees have to live with the new rule. How should I handle this?” Readers of The HR Specialist Forum weighed in with answers:

Insist on attendance for all—disabled or not

12/09/2009

Under the terms of the ADA, disabled employees have job protection—if they are able to perform the essential functions of their jobs, with or without accommodations. But those accommodations have to be reasonable. If you consider attendance an essential job function, courts probably won’t compel you to allow disabled employees to miss unreasonable amounts of work.

After FMLA leave, don’t presume future needs

12/09/2009

Here’s a problem to warn supervisors and managers about: When an employee with a disability returns from FMLA leave, don’t assume she can’t do her job or will need more time off. If or when the time comes, then you can decide how to handle time off. Until then, assume all is well.