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Employment Law

Coal mine strikes back at MSHA

12/11/2008

The American Coal Company has filed a lawsuit against the federal Mine Safety and Health Administration (MSHA), claiming that recent inspections at its Galatia Mining Complex violated federal law and MSHA’s own regulations.

Half-staff calls for time-and-a-half?

12/11/2008

Forced to cut some 180 employees to make budget, the Department of Children and Family Services (DCFS) sent an e-mail requesting remaining employees to work overtime to manage its caseload. The union that represents DCFS staff called the idea “nonsensical” and refused the request.

Legal drug, legal drug test … and a legal mess for the employer

12/11/2008

Employers routinely require applicants to whom they have extended job offers to take tests for illegal drugs. If they pass, they get the jobs. If they don’t, employers can legally rescind the offers. But here’s a case in which an employer completely mishandled this everyday procedure, and now will probably pay a high price.

Communicating during tough times: 7 common employee gripes (and how to respond)

12/09/2008

The global financial meltdown has workers fearful and downright angry. If you plan on surviving the recession, your managers must acknowledge the fear and anger employees may feel. Don’t let these seven gripes pollute your workplace.

Memo to staff: Put up with those you dislike

12/09/2008

What if an employee files a discrimination complaint with the EEOC and then suddenly finds herself having to work with someone she deems undesirable? Can she sue and allege that transferring the person she doesn’t like into her work section amounts to retaliation for filing the EEOC complaint?

Act fast to handle initial harassment claims

12/09/2008

The HR office is often the first stop an employee makes before filing a lawsuit alleging supervisor harassment. How you handle the initial complaint can mean the difference between stopping a problem before it gets out of hand and losing a lawsuit.

Florida workers’ comp premiums to drop again

12/09/2008

The workers’ compensation premiums Florida employers pay are set to drop for the sixth time in the past five years, and by a record amount. Insurance Commissioner Kevin McCarty approved an 18.6% rate cut.

Check the medical documentation: FMLA doesn’t automatically apply to ER visits

12/09/2008

You don’t need to give employees FMLA leave just because they have a discharge sheet from a hospital emergency room. The real question is whether the medical condition that prompted them to visit the ER was a serious health condition.

Remind managers: Comments about weight can trigger harassment complaints

12/09/2008

When people lose their jobs, they often look for some reason other than their own poor performance. And since they are off work, they have lots of time to think about the past, including real or imagined slights they endured at the hands of co-workers and supervisors.

Go ahead and settle overtime cases, but know what you’re buying when you do

12/09/2008

If an employee thinks he isn’t being properly paid for overtime, expect a lawsuit. You may be able to settle such a case—at a price. It will likely be expensive, covering attorneys’ fees as well as the lost wages. Plus, the court will carefully scrutinize the settlement to make sure it’s fair.