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Employment Law

Congress passes new law expanding family medical military leave

12/03/2009

Just when you thought you had implemented all the necessary changes to your family- and military-leave policies, the law has again changed. On Oct. 28, President Obama signed the National Defense Authorization Act (NDAA) for the 2010 fiscal year, which includes provisions that expand the military leave entitlements of the FMLA.

Can we administer a polygraph test to find out if one of our employees has been stealing?

12/03/2009

Q. I am a manager for a local bank. I strongly suspect that one of my tellers is stealing because his drawer is short every week. I have interviewed several employees, but no one knows anything, and the teller refuses to answer any questions regarding the missing money. Can I require him to take a polygraph test?

How does the Texas job reference law affect what I can say about former employees?

12/03/2009

Q. I recently received an inquiry for a reference regarding a former employee. Does the job reference law alter what I should disclose regarding this person’s employment history?

Worker complained of bias? Discipline with care

12/03/2009

Employees who complain about alleged discrimination are protected from retaliation for doing so, even if it turns out that their discrimination claims don’t hold water. The idea is that employees shouldn’t have to fear reprisal if they complain internally about discrimination or go to the EEOC. If one of your employees files a discrimination complaint, be careful how you discipline him for any workplace rule-breaking.

Justify different penalties for like violations

12/03/2009

When it comes to discipline, equal treatment is the only safe way to go since you don’t know which employees might sue for alleged discrimination based on membership in a protected class. That doesn’t mean, of course, that you can’t come up with different punishments when the circumstances warrant. The key is to document why you punished one employee more severely for seemingly similar rule violations.

How should we handle union reps during employee misconduct interviews?

12/03/2009

Q. We recently signed a collective-bargaining agreement with a union. While the labor contract addresses union representation during grievances and arbitrations, it doesn’t offer our managers and security investigators any guidance on whether and how the union can represent a covered employee during any interviews or investigations of possible employee misconduct. What is our duty under these circumstances?

Company party gone out of bounds? Be sure to note voluntary participation

12/02/2009

The upcoming holidays will surely bring company celebrations—and a predictable increase in sexual harassment lawsuits. That’s true even for “unofficial” events if employees believe they are expected to attend. Tell managers that they need to inform employees which events are company sanctioned and which are not. Encourage them to avoid pressuring employees to attend out-of-office events that carry the potential for legal trouble.

How to hand out holiday bonuses

12/01/2009

Q. I started a business a few years ago, but this is the first year that I actually have an office with employees. I would like to give them holiday bonuses this year. What are the legal guidelines I should follow?

Can employees on FMLA leave attend the holiday party?

12/01/2009

Q. An employee who is unable to work has been out on FMLA for the past few weeks. Our holiday party is coming up next week. Should I allow her to attend if she wants to?

Holiday parties: 12 tips for making sure liability doesn’t hang over your head

12/01/2009

Every year around this time, the Ghost of Christmas Parties Past comes clanking down the hallway, dragging a chain of liability dread for employers. The biggest nightmare: alcohol-fueled misbehavior and mishaps. Here are 12 tips to ensure that what’s supposed to be the best of times doesn’t turn into the worst of times.