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Employment Law

Ruby Tuesday should say ‘goodbye’ to age bias in hiring

10/30/2009

Perhaps the irony is lost on those who don’t remember the ’60s. Ruby Tuesday Restaurants—named after an early Rolling Stones hit—has been charged with violating the ADEA by refusing to hire applicants over age 40. If allegations by the EEOC are true, Mick Jagger himself couldn’t get hired at the store’s franchises …

Make sure FMLA eligibility form doesn’t create a contract

10/30/2009

A federal court has refused to accept the notion that a standard FMLA eligibility form sent to an employee creates a contract.

FMLA notwithstanding, it’s OK to consider attendance in RIF

10/30/2009

Employers that must decide whom to cut during a reduction in force sometimes mistakenly fear they can’t terminate someone who is out on FMLA leave—even if the employee had an atrocious attendance record before she went on leave. That’s simply not fair to other employees.

Malvern’s Vanguard Group faces race discrimination suit

10/30/2009

As one of the largest investment management companies in the nation, Malvern-based Vanguard Group is used to making money, not paying it out. That could change now that the firm has been sued for racial discrimination after allegedly refusing to hire a black applicant for a high-level finance job.

Shine a light on SAD, ADA accommodations and the FMLA

10/30/2009

As the winter months set in, some people may notice that they feel more tired, experience weight gain or struggle to get out of bed in the morning. While the majority of people who experience these symptoms have nothing more serious than the “winter blues,” others suffer from a potentially debilitating condition known as seasonal affective disorder (SAD). Be careful not to brush off employees who complain of SAD.

How should our attendance policy address absences and lateness covered by the FMLA?

10/30/2009

Q. We have a point system for absences and lateness. Our no-fault attendance policy states that if employees call in after the start of their shifts, they’ll receive two points. What if the reason for an absence is covered by the FMLA? Should the employee still receive the two points?

How should we treat payroll for a newlywed who hasn’t officially changed her name?

10/30/2009

Q. One of our employees recently got married. She’s informally going by her new last name, but she hasn’t changed her name on her Social Security card and doesn’t plan to. We submit all payroll information using her maiden name. Do we face any liability?

Do we need a ‘HIPAA form’ for personal information unrelated to employees’ health?

10/30/2009

Q. I’d like to know if our company needs a HIPAA form for employees to sign when we release personal information to others. Is HIPAA only for the medical field?

Before we start background checks, should we start asking applicants for birth dates?

10/30/2009

Q. Our job application doesn’t ask for the applicant’s age or date of birth. However, we plan to start conducting background checks on job applicants we’re seriously considering. The company that will conduct the checks for us said the birth date is on all the applications they see and that it’s instrumental to conducting the checks. What should we do?

Can we demand a drug test for an employee recently convicted of drug violations?

10/30/2009

Q. One of our employees was recently in jail for traffic and drug violations. Before he returns to work, what guidelines can we follow to ensure that he’s drug-free? Will we be discriminating if we require a drug test before allowing him back on site, even though we didn’t require such a test when he was hired?