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Employment Law

Migraines, job transfer and the FMLA

03/01/2008

Q. Our receptionist has been certified as eligible for intermittent FMLA leave for migraines. When she calls in sick without notice, it really disrupts our workplace; we have to pull someone from another position to cover her duties. Can I transfer her to another position where we can better accommodate her absences? …

Fluctuating workweek

03/01/2008

Q. My work hours fluctuate a lot depending upon the flow of work. To help manage its cash flow, my employer asked me to sign an agreement where I would receive a set salary each workweek regardless of the number of hours I work. In weeks where I work more than 40 hours, I am paid half-time for overtime hours, instead of time and a half. Can my employer do this? My position is nonexempt …

FMLA extended to military families: More changes to come?

03/01/2008

For the first time since it became law in 1993, the FMLA has been amended. President Bush signed H.R. 4986 in January. The law grants FMLA-protected leave to workers who care for injured soldiers and families of reservists called to duty …

Consider hidden costs before cutting retiree benefits

03/01/2008

Thirty-five percent of organizations offered retiree health benefits in 2007, up from 29% the year before, according to the Society for Human Resource Management. Even so, benefits analysts say organizations are under pressure to drop the coverage to save money and to lessen a costly liability line on their financial statements …

Afraid to discipline disabled employee? Just follow the rules

03/01/2008

Sometimes, it may feel like everyone in HR is walking on eggshells, especially when it comes to disciplining employees who say they have disabilities. It doesn’t have to be that way—if you have a comprehensive employee handbook and consistently follow it …

Watch out! EEOC complaint can mushroom into class action

03/01/2008

If there was ever a reason to involve your attorney in an EEOC investigation, here’s a powerful one: If a lone employee who brings an EEOC complaint claims you favored white employees, he may be able to expand his lawsuit to represent all nonwhite employees who were allegedly discriminated against, not just employees in his particular protected class …

Returning from FMLA leave may require ADA accommodation

03/01/2008

Balancing time off with reasonable accommodations can be tough if one of your employees is covered by both the FMLA and the ADA. You must be especially careful if a disability means an employee needs to take her 12 weeks of unpaid FMLA leave, but can’t quite return to work without an accommodation …

Temporary illnesses and injuries aren’t disabilities

03/01/2008

Fortunately for employers, not every temporary physical restriction is a disability under the ADA. Before you entertain accommodations, look at the claimed disability and decide whether the problem will resolve itself within a reasonable time frame or if it permanently impairs a major life function …

Tell supervisors: No paybacks for reporting harassment

03/01/2008

Even with the best sexual harassment training, it’s hard for some employees to grasp exactly what constitutes sexual harassment and what’s merely horseplay or roughhousing—especially when the behavior is directed at the same sex. But that doesn’t mean that an employee who comes forward with that sort of complaint isn’t engaged in protected activity …

Financial reasons behind layoff? Make certain you can prove it

03/01/2008

When economic downturns lead to layoffs, companies can expect former employees to be bitter—and maybe even angry enough to look for reasons to sue. Before you announce layoffs, document the internal business evaluations that led to the terminations. That way, you will be ready if a lawsuit seemingly comes out of nowhere …