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Employment Law

3 federal tests: Are workers employees or independent contractors?

02/12/2009

Some employers unknowingly misclassify some of their employees as independent contractors. In doing so, they risk suffering severe consequences. By becoming familiar with the following tests, you minimize the chances of misclassifying an employee.

What’s the hourly rate for family member caring for employee out on workers’ comp?

02/12/2009

Q. One of our employees was injured at work and is now receiving workers’ compensation benefits and leave. One of his family members provides attendant care for him. What hourly rate of pay should this family member receive for her services?

Employee wants FMLA leave: Can we contact her health care provider?

02/12/2009

Q. When one of our employees requested FMLA leave, we asked for medical certification of a substantial health condition from her health care provider. We received the form, but cannot read some of the physician’s handwriting and do not understand some of the responses. We also need additional information not requested in the medical certification form. Can we seek clarification from the health care provider?

Warn hiring bosses of age discrimination trap

02/12/2009

Employees who can show direct evidence of age discrimination will get their day in court. That direct evidence often comes after someone who played a part in making an employment decision (e.g., helped select a candidate for hire or promotion) makes a careless statement after the fact.

Protected speech can be used to prove retaliation

02/12/2009

Government employees who speak out on matters of public importance and are punished for doing so may be able to sue for unlawful retaliation. They may even be able to make those claims years later—if they can show a connection between speaking out and an adverse employment action.

Be reasonable! Stick to accommodations that make sense for your organization

02/12/2009

Sometimes, disabled applicants and employees try to insist on a particular accommodation. They expect employers to blindly agree to their suggestions without considering the expense or inconvenience. Don’t fall into that trap.

Double-check for signs of retaliation whenever workers complain of discrimination

02/12/2009

Here’s how routine discrimination claims turn ugly fast: A supervisor or manager gets it in her head that she’s going to punish an employee for complaining. While it’s hard for employees to win most discrimination cases, it’s relatively easy for them to win retaliation claims.

Insist on more than just diagnosis when employee claims ADA serious condition

02/12/2009

Some employees mistakenly believe that, just because they have been diagnosed with a serious condition, they are disabled and entitled to an accommodation. Employers can and should analyze the claimed disability to see whether it really substantially impairs one of the employee’s major life functions. The diagnosis alone is not enough. It’s just the starting point.

Corporatewide pay policies reduce class-action risk

02/12/2009

It’s one thing to have to pay a wage-and-hour claim for one or two employees. It’s quite another to have to defend a giant class-action overtime suit. One way to cut the risk that a minor problem will morph into a huge lawsuit is to enforce clear overtime rules.

OK to have stricter standards for probationary employees

02/12/2009

You can learn a lot about an employee during the first few weeks. Missing work then probably means attendance will be a problem later. Having stricter rules during the initial probationary period will help you weed out problem employees.