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Employment Law

Is there an FLSA violation hiding in your company handbook?

11/01/2007

Why bother to wordsmith and labor over every word in your employment policies? Because sometimes an employer’s own pen can create liability. That was the case recently for an Illinois employer that will now go on trial for allegedly violating federal and state wage laws. Exhibit A on the list of evidence against the company: its employment policy handbook …

Get input from several managers before firing problem worker

11/01/2007

If you have long-term employees whose performances are deteriorating, step carefully. Their long histories with the company could mean you’ll have a hard time justifying terminations even in light of poor performances. Instead of jumping the gun and firing immediately, take your time. In fact, it may be a good idea to allow more than one supervisor to witness each declining employee performance up close …

Statements about race may trigger reverse discrimination

11/01/2007

When it comes to reverse discrimination, comments by senior managers may backfire if others perceive them as encouraging racial preferences. For example, when a high-level executive comments that the organization needs more black employees in management positions, hiring managers could construe it as authorization to bypass qualified white candidates in favor of black candidates with lesser qualifications …

Time to care for adult children limited to ADA disabilities

11/01/2007

The FMLA provides employees with up to 12 weeks off to care for a child suffering from a serious health condition. But when the child is an adult, the rules change, making it much harder for employees to qualify for leave. Here’s why: FMLA regulations say that FMLA leave for children older than 18 is available only if the child is disabled under the definition in the ADA …

When whistle-Blowing is involved, discharge reasons must be rock-Solid

11/01/2007

he Michigan Whistleblowers’ Protection Act protects employees who report suspected wrongdoing to public authorities from retaliation. An employer that knows an employee has reported alleged wrongdoing must take special care when disciplining or discharging that employee. Unless you have an absolutely legitimate business reason for your action, the timing makes the decision suspect and will most likely lead to a jury trial …

Planned Parenthood defends race discrimination case

11/01/2007

Planned Parenthood Centers of West Michigan in Grand Rapids won a race discrimination case filed by a black health care specialist, who was fired for falsifying patient records and dispensing emergency contraceptive pills (ECPs) without required staff approvals …

Michigan employers make Best Places to Work for GLBT

11/01/2007

Seven Michigan employers made the 2007 list of “Best Places to Work for GLBT Equality,” a ranking of employers’ policies toward gay, lesbian, bisexual and transgender (GLBT) employees. The Human Rights Campaign publishes the list annually …

GM takes VEBA for a test drive

11/01/2007
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Consider ADA, discrimination, validity issues when using personality tests

11/01/2007

Some employers use personality or psychological tests to screen applicants and employees being considered for jobs or promotions. Proponents say personality tests are an economical way of screening employees. However, critics argue that these tests might not accurately predict an individual’s honesty, integrity or other personality traits. Others say the tests violate the employee’s privacy …

Attendance abuse and the FMLA

11/01/2007

Q. Our company has certain employees who we believe abuse our absentee policy. We use a “no fault” system, but we do excuse FMLA absences. Typically, when employees get close to discipline or termination, they begin the paperwork for an FMLA absence. Do you have any suggestions on how we could better police the FMLA process to limit abuse? …