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Employment Law

Fighting a Union Campaign: What Employers Can and Can’t Do

12/17/2007
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Paper, shmaper! As résumés go high-Tech, so should HR

12/11/2007

Your organization could be missing out on some top talent if you shrug off the new high-tech applications and résumé tools that could someday make paper résumés obsolete. Here are some of the more popular high-tech methods that candidates (especially young ones) are using to market themselves, plus some of the advantages and disadvantages of welcoming them …

Shift swapping reasonably accommodates religious days off

12/11/2007

Employers can manage employees’ religious needs without simply exempting religious employees from weekend work. Here’s how: Simply design a system that rotates shifts so everyone gets a turn for weekend days off; then tell those seeking religious accommodations it’s up to them to arrange shift swaps …

Should disabled workers be given job preferences under ADA? Supreme Court to decide

12/11/2007

The U.S. Supreme Court has agreed to hear an important employment-law case, Huber v. Wal-Mart Stores, that will decided whether disabled employees who are returning to work are entitled to a preference for open positions.

EEOC Eyes the New Breed of Wellness Programs

12/11/2007

With health insurance premiums outpacing inflation for what feels like the hundredth year in a row, employers are looking for innovative ways to cut costs. Many are taking a fresh look at wellness programs. So is the EEOC.

You can insist on complete Labor Dept. FMLA form

12/04/2007

Intermittent leave is one of the trickiest areas of the FMLA. While employees with chronic health conditions may need short periods of time off when their conditions flare up, employers also know FMLA intermittent leave is prone to abuse. That’s why it’s important to immediately nail down the expected frequency and duration of intermittent leave …

Discharge due to downsizing? Document your RIF plan

12/01/2007

In a company downsizing, management may make what seem like capricious decisions on who stays and who goes. That can be a huge problem if an older employee suspects age discrimination and sues—especially if there are other smoking-gun signs of discrimination, such as a supervisor’s apparent antipathy for older workers …

Don’t force FMLA leave unless health condition is serious

12/01/2007

The FMLA allows employers to designate time off as FMLA leave even if employees want to use other time off (such as vacation and personal days) to deal with serious health issues. But be careful—if the time off turns out to be for a health condition that wasn’t serious and you later deny FMLA leave because the employee has none in the bank, she can charge you with interference with her FMLA rights …

Consider paying for lunch breaks to avoid overtime claims

12/01/2007

Overtime lawsuits are becoming an epidemic. Lawyers file class-action lawsuits at the first hint that employees worked “off the clock,” either before the workday started or by working through parts of their unpaid lunch periods. There’s a simple way to avoid problems …

 

Beware informal policy on returning after pregnancy

12/01/2007

Many employers try to simplify medical leave policies by adopting the same eligibility requirements set by the FMLA. But those same employers sometimes make exceptions for select employees, especially if they are seen as too valuable to lose to a short medical leave. Watch out if that’s your informal practice. Denying that flexibility to pregnant employees probably violates the federal Pregnancy Discrimination Act …