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Employment Law

OSHA inspectors are at your door … Are you prepared?

02/02/2009

An unexpected visit from a government regulator such as OSHA is often unwelcome—and unsettling, too. If you have taken the time to prepare for an OSHA inspection, however, it need not be traumatic. Advance planning and preparation not only make the inspection proceed without difficulty, but also allow you to be in control.

What time off counts for the purpose of FMLA intermittent leave?

02/02/2009

Q. I told an employee who takes lots of FMLA intermittent leave that all his time out of the office (no matter what it was for) would count against his FMLA time. My VP told me I was wrong and that was absolutely not the law. Who is right?

Do we have to defend a third party whose negligence caused our worker’s injury?

02/02/2009

Q. One of our employees was badly injured when he tripped over equipment that had been left by our office building’s maintenance workers. Workers’ comp covered his medical bills and lost wages, but he also sued the building’s owners for negligence. Now we have a letter from the owners demanding that we defend them in the lawsuit and telling us we are responsible. How can that be? I thought we were protected by workers’ comp.

What should we have said—and say in the future—about an employee fired for theft?

02/02/2009

Q. We fired a part-time employee for stealing a gift card out of the trash. We have a policy against taking anything of value out of the garbage. The next day, his supervisor announced to everyone that the employee had been fired for theft. I don’t think it was appropriate to tell others the reason. Was it? And what should we say if someone calls for a reference?

Don’t grant ‘FMLA leave’ if you’re not covered

02/02/2009

Employees who are promised they can take “FMLA leave” may have a claim against an employer even if it turns out the company isn’t required to comply with the FMLA because it has fewer than 50 employees. Employees can argue that the employer misled them, and that the company should therefore be required to comply with the FMLA.

Root out unintentional pay discrimination

02/02/2009

Here’s yet another good reason to closely review employee compensation: Legislation overturning the U.S. Supreme Court decision in the Lilly Ledbetter case has been enacted. Employees will now be able to sue their employers for any discriminatory pay decisions made years ago that still show up in current paychecks.

How not to fire complaining employee: Use pretext, don’t document real reasons

02/02/2009

Before firing any employee who has filed a harassment complaint, make sure your reasons are solid—and extremely well documented. That means checking to make sure supervisors followed company rules. Ensure that other employees with similar records were also fired. And be sure all documentation you are relying on was clearly created before the discrimination complaint.

Go ahead and set up employee surveillance, but be careful how you pick your spots

02/02/2009

What should you do if you suspect an employee is goofing off at work or perhaps sleeping at his desk? One employer recently took the high-tech approach to that problem, setting up a surveillance camera to catch an employee in the act. It worked, but it took a trip to court to finally put this case to bed.

In pay discrimination cases, job duties—not titles—are what count for comparison

02/02/2009

Employees may assume that, just because they hold the same job title as another employee, they should receive the same pay. But the label an employer assigns to a job isn’t nearly as important as the job duties performed by the person holding the job.

Class actions aren’t just for large groups anymore

02/02/2009

When we think of class-action lawsuits, we usually think big. Such lawsuits can involve thousands of employees and millions of dollars. But they can also involve just a handful of employees, as a federal judge just ruled.