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Employment Law

New FMLA regulations clarify definitions, improve certification rules

03/01/2008

The U.S. Labor Department has published proposed FMLA regulations, which may change the way employers handle FMLA leave. The dual-purpose proposal includes changes to certain existing FMLA regulations and new military family leave entitlements …

Supreme Court Rules on the Admissibility of ‘Me Too’ Testimony in Discrimination Cases

02/26/2008
The U.S. Supreme Court issued a long-awaited ruling on whether employees can use so-called “me too” testimony when arguing their job-discrimination lawsuits. The high court showed some favor with the employees’ view, but sent the case back to the lower court for more review.

New FMLA Poster: Military Family Leave

02/13/2008
On Jan. 28, 2008, President Bush signed a law that extended FMLA rights to certain family members of U.S. military personnel. Covered employers are encouraged to post notification in their workplaces about these changes. The U.S. Labor Department has created a free supplemental poster that satisfies the notice requirements. Download the poster here …

Too hot to handle? Office romances need careful HR TLC

02/12/2008

Cupid’s arrow eventually flies into every workplace. Risks: Office romances can be disruptive and, even worse, open the door to legal problems. Action: Balance your need to reduce legal risks with a realistic view of employees’ lives. Stay away from trendy "love contracts."

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 …