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Employment Law

The HR I.Q. Test: May ’08

04/17/2008
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

New FMLA military leave: Who can take it?

04/17/2008
Q. Does the new FMLA law for injured soldiers also apply to service members who were injured during past wars? And does the person have to be 100% disabled for their family members to be eligible for leave? — C.T., Missouri …

Can you set work-time minimums for exempt staff?

04/17/2008

Q. All our department managers are salaried. When they’re hired, they agree in writing to work at least 50 hours per week. If they miss a day or work only 45 hours in a week, can we deduct from their salaries? — B.L., Florida  …

Must we offer time off as an ADA accommodation?

04/17/2008

Q. We employ fewer than 50 employees. What’s our obligation under the FMLA or the ADA to bring back an employee who has missed lots of work? We want to lay her off. Can we?

You don’t have to pay for all employee training

04/15/2008

The Fair Labor Standards Act (FLSA) requires employers to compensate employees for any time spent on the job that benefits the employer. There are, however, some exceptions. For example, if employees use their own time to study materials that will qualify them for promotions, that time generally doesn’t have to be paid.

Progressive discipline among best ways to beat bias claims

04/14/2008
There’s no law that says employers must use a progressive discipline system—but that’s no reason not to. In fact, using progressive discipline is one of the best ways to fight frivolous discrimination claims …

Justify decisions to thwart retaliation bait & switch

04/14/2008
One of the most popular litigation tactics these days starts with an employee filing a discrimination complaint. Then the employee—and her attorneys—sit back and wait to see what happens. If the employer somehow punishes the employee, the attorneys add a second count to the lawsuit: retaliation …

Pressure to ‘Balance’ staff may show reverse discrimination

04/14/2008
Are you under pressure to make your work force better reflect the racial or ethnic composition of the surrounding community? If so, be aware that manipulating hiring or promotions to achieve that goal at the expense of any particular race may mean a reverse discrimination lawsuit …

Punish offenders to set example that prevents harassment

04/14/2008
When you learn that a supervisor has sexually harassed and punished—or threatened to punish—a subordinate to gain cooperation or for rejecting an advance, send a strong message to all managers and supervisors. Promptly fire the harasser or demote him—or her—out of a supervisory position. Then reinstate the harassed employee …

Are you ready to explain each and every promotion decision?

04/14/2008
Lawsuits sometimes seem to come out of nowhere. While you can reduce your risk through prevention, you can’t eliminate it entirely. That’s why you need a backup strategy. For failure-to-promote lawsuits, that strategy should involve being ready to explain each and every promotion decision with solid business reasons …