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Employment Law

Pay for employee who works through lunch?

10/06/2008

Q. Must we pay a nonexempt employee who voluntarily works through lunch for the time, even though we never requested the extra work? …

Child support payments

10/06/2008

Q. Do we have to deduct child-support payments from employee wages? …

No liability if psych patient cleared to work

10/03/2008

Employers must reinstate employees following FMLA leave if a doctor says they are ready to return to work without restrictions. That’s true even if the serious health condition was a serious psychiatric problem. Fortunately, if the employee goes on to injure another employee, the medical release will protect the employer from negligent supervision claims …

Columbus tackles immigration reform this legislative session

10/03/2008

Surveys suggest that nearly two-thirds of Ohio residents consider illegal immigration a serious problem, and state lawmakers have responded with legislation. One bill currently before the Legislature would make English Ohio’s official language. Another would grant local police the authority to investigate immigration violations …

How to make sure request for ADA accommodations blows up: Do nothing

10/03/2008

The ADA requires employers to provide disabled employees with reasonable accommodations if those accommodations allow disabled employees to perform the essential functions of their jobs. Flat-out ignoring an accommodation request is the absolutely wrong thing to do. Instead, carefully consider every request …

Job description should spell out employee’s exempt or hourly status

10/03/2008

There’s no excuse for anyone to be confused about his or her exempt or nonexempt employment status. Make sure every position description clearly labels the job either salaried or hourly. Otherwise, employees will turn to the courts to figure out whether you owe them unpaid overtime or whether you have violated the FLSA …

Gov’t employees must use workers’ comp — not courts — to handle injury cases

10/03/2008

Good news for public employers: The 6th Circuit Court of Appeals has clarified that government employees cannot do an end-run around the workers’ comp system by trying to call their injuries a Constitutional deprivation of due process and suing in federal court …

Document every pay decision

10/03/2008

When you decide to give employees a pay raise—or deny them one—always document the reason. The key is contemporaneous, logical explanations. Few employees will succeed in proving that your reasonable rationale is really a pretext for some form of discrimination …

Remind bosses: You’re liable for disability discrimination

10/03/2008

Having trouble persuading managers and supervisors to report ADA accommodations requests? Tell them they may be held personally liable for disability discrimination under Ohio state law, a much harsher fate than they would meet under the federal ADA …

DOJ to Dayton: Diversify public safety ranks or go to court

10/03/2008

The U.S. Justice Department (DOJ) says the city of Dayton’s hiring practices have systematically discriminated against black applicants for police and firefighter jobs …