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Employment Law

FMLA, Workers’ Comp, ADA

02/11/2008

HR Law 101: One of the toughest problems for employers is figuring out which law applies to a particular condition: the FMLA, workers’ comp or the ADA. The relationship between the FMLA and other federal and state statutes is clear: The law that provides the greatest benefits to the employee applies …

Changes Coming to the FMLA: The Top 10 Hits … and Misses

02/11/2008

The U.S. Labor Department yesterday took a big step toward clarifying some of the most confusing aspects of the Family and Medical Leave Act (FMLA). The agency issued a series of proposed changes to the law that, if finalized, could help employers administer the complex 15-year-old law and avoid lawsuits. But the proposal carries a few extra burdens for employers, too.

Labor Department’s proposed FMLA rules tackle military family leave

02/11/2008
The Labor Department’s new proposed FMLA rules address a new kind of FMLA leave—designed to assist family members of active-duty military personnel. Here are the basics of what the new leave involves.

Shoot down the legal threat from camera phones

02/05/2008

Cell phones with camera capabilities can expose your organization to legal problems: privacy claims, trade-secret vulnerabilities, employee theft and more. Used inappropriately, camera phones can violate employee and customer privacy. Your best action: Write, and consistently follow, a camera-phone policy and distribute it periodically.

No need to reinstate if disability leave extends past FMLA

02/01/2008

After using up their available 12 weeks’ unpaid FMLA leave, many new mothers request additional time off. If you agree to additional time off to be covered by a short-term disability policy, check to see if that policy includes job protection. If it doesn’t, you don’t have to hold her job or even reinstate her. Don’t, however, start the search for her replacement while the employee is still on FMLA leave …

Stick with measurable, objective standards when discharging

02/01/2008

Concerned that any discharge decision you make will be second-guessed by a court or jury? Ease that worry by adopting a fact-based approach to discipline that relies on easily proven and verifiable work problems. Avoid generalities such as “just not working up to potential” or “not a team player and others have to pick up the slack.” Instead, go for the specifics …

When harassment suit looms, prompt action saves the day

02/01/2008

Open a New York newspaper and chances are you’ll see a headline featuring an employer in deep trouble for allegedly allowing an atmosphere of sexual or racial harassment to flourish. When you receive such a complaint, act immediately. Don’t wait. Often, that’s exactly what the employee’s attorney is hoping. Instead, investigate and reach a conclusion …

Goes without saying, but say it anyway: No porn at work

02/01/2008

You would think it’s common sense, but apparently it’s not. While viewing pornography may be perfectly legal in one’s home (with some exceptions, such as that containing images of children), such viewing has absolutely no place at work. The 2nd Circuit Court of Appeals consistently has ruled “the mere presence of pornography in a workplace can alter the ‘status’ of women” and may be objective proof of a hostile environment …

Beware changing recommendation after discrimination claim

02/01/2008

Many employers have strict policies on giving references for current or former employees seeking other jobs: Keep it simple—dates of employment, positions held and pay rates. But sometimes supervisors supply glowing recommendations anyway. They need to know that if they do, they had better be willing to stick with the accolades, even if their relationships with the employees change …

FLSA doesn’t require pay for optional training that prepares for advancement

02/01/2008

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 …