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Employment Law

Is that leave legit? You can discipline for FMLA ‘Vacation’

07/22/2008
Do you suspect that some of your employees take FMLA leave for something a little less serious than tending to the health care needs of themselves or their relatives? If so, here’s some good news: You can and should check up on suspicious FMLA usage …

Lilly settles retaliation suit

07/22/2008
Indianapolis-based Eli Lilly and Co. has agreed to pay $64,400 to a former employee who claimed the company withheld severance pay to pressure her to withdraw a discrimination complaint …

Alcoa must defend its religious accommodation policies

07/22/2008
Timothy Walker began working at Alcoa’s Lafayette plant in 1995. He was also a pastor at his church. In May 1998, Walker was appointed head pastor, and he asked Alcoa if he could be excused from working Sunday shifts at the plant …

Gas pains: Compressed workweek can help workers manage high prices

07/22/2008
Employees across the country are finding their budgets stretched by rising gas prices, and that means employers are feeling pressured by the pump, too. Companies are struggling to find ways to help workers deal with high prices without raising pay. One of the most popular ways employers are dealing with the problem is to implement a compressed workweek …

Can we legally ban all employee smoking at work?

07/22/2008
Q. We don’t allow smoking during the workday, even during lunch breaks. An employee complained to HR that this is discriminatory and mentioned that she may seek legal action. Is our company policy illegal? …

When termination follows military family leave

07/22/2008
Q. Our medical practice has a night nurse who answers calls for patient emergencies and then relays those emergencies to the doctor, if necessary. Recently, business has been slow, and we are considering eliminating the night nurse position and using an answering service instead. Our night nurse (who has not been informed of the company’s plans regarding her position) has notified us that she will be taking off several days to spend time with her husband who is returning from active military duty. We don’t want her to think that we are eliminating her job because of her planned leave. Any suggestions? …

Pre-Employment tests

07/22/2008
Q. Our company operates a distribution warehouse. Our application process used to be very simple—applicants would come into the warehouse and voice their interest. We would do a quick interview on the spot and usually hire the person. Since then our company has grown significantly and we want to make sure we are in compliance with current regulations. In order to work in the warehouse, employees must be able to lift at least 75 pounds. During an interview, can we ask what disabilities, if any, an applicant may have? We just want to make sure our employees are able to lift the boxes. …

HEART Act Adds Retirement, Pay Benefits for Reservist Employees

07/22/2008
The HEART Act is a new federal law that expands the retirement and pay benefits to which employees called to active military service are entitled. If you administer your organization’s retirement plan or work with payroll, you need to know about the law’s provisions. Our primer will get you started.

Tell managers: Don’t retaliate against those who complain

07/21/2008
One of the easiest ways to land the company in legal hot water is for a manager to punish someone who complains that she’s being discriminated against. It may turn out—and it often does—that no discrimination took place. Yet even in those cases, some supervisors can’t resist punishing the messenger, thereby turning a minor matter into a major retaliation case …

Hold onto those notes! Even accidental destruction can mean trouble

07/21/2008
You know it’s crucial to document all disciplinary actions. No doubt, you’ve told managers and supervisors to keep all notes, memos and other paperwork. Those records could be invaluable later if you ever need to show that all your disciplinary decisions were based on good business judgment, performance and other legitimate and relevant reasons …