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Employment Law

Creating an effective blog policy to limit employer liability

10/01/2007

Employment lawyers have been warning for some time that blogs will one day be a volatile issue in the workplace. Recent events show that day has arrived. For example, a member of the Cherokee County, GA, Planning Commission provoked a firestorm of controversy after an online post she made advocated dismantling Israel to achieve peace in the Middle East. The outcry forced her to resign …

Mandating New-Age spirituality at work can trigger an Old-School lawsuit

10/01/2007

While you can encourage employees to follow certain Judeo-Christian values at work, such as cooperation, honesty and kindness, it’s never appropriate to require adherence to a particular religion or religious practices. Even if your organization’s leaders have strong religious beliefs, it must accommodate workers who don’t agree with that stance. That may mean excusing workers from retreats, prayer groups or other religious-based activities …

Accommodation process limited to current, open positions

10/01/2007

The ADA requires employers to make reasonable accommodations for disabled workers. That can mean modifying the employee’s existing job so he or she can perform the essential functions. But disabilities can change over time, and an accommodation that’s worked for years may stop working. If that’s the case, the disabled employee and his employer are both obligated to engage in another interactive accommodations process. However, if the discussions reveal that no amount of accommodation will allow the employee to do the job satisfactorily, it’s time to look for other solutions …

Refusing to hire former criminals: Is it race discrimination?

10/01/2007

Does your organization have a blanket policy of refusing to hire any applicant with a criminal record? If so, make sure you can explain exactly why. A recent Pennsylvania court ruling shows that across-the-board “no ex-cons” policies can quickly run into legal trouble unless you can prove the restriction for a specific position was “job-related and consistent with business necessity” …

Exempt or nonexempt? Analyze your staff before a court does

10/01/2007

When a new position is created, HR professionals typically make a snap decision on a vital issue: whether the person filling it should be deemed exempt from the Fair Labor Standards Act—i.e., they’re not eligible for overtime pay—or whether they’re nonexempt—i.e., eligible for time-and-a-half overtime pay. In many cases, that’s the last time the exempt versus nonexempt decision is ever reviewed for that employee. Not smart …

Keeping I-9 forms in separate file: Is it mandatory?

10/01/2007

Q. I’ve read that we shouldn’t keep employees’ I-9s in their personnel files. Is this a suggestion or are there laws that require them to be in separate files? —L.K., Alabama …

Pregnancy: Run disability leave concurrent with FMLA?

10/01/2007

Q. We provide short-term disability leave to new mothers. Is there any reason we can’t run that leave concurrent with FMLA leave? —S.B., Washington …

Can you force a worker to get FMLA certification?

10/01/2007

Q. We want to run paid time off concurrent with FMLA leave so employees don’t receive more than 12 weeks off (paid and unpaid combined). What if an employee says she’s taking vacation time, but we know it’s for medical tests? Can we force her to get a medical certification so we can subtract the paid vacation time? —L.L., Georgia …

Encourage, don’t require, EAP counseling

10/01/2007

Q. When we discipline employees for behavioral issues, we typically tell them to meet with an employee assistance program (EAP) counselor. Can we require them to have at least one session, or does that violate the ADA? —J.M., Idaho …

Train managers: Sexual-Orientation comments are off limits

10/01/2007

The California Fair Employment and Housing Act bars employment discrimination based on sexual orientation. In fact, the law clearly states, “Freedom from employment discrimination on account of sexual orientation is a civil right.” Make sure supervisors know: Comments about an employee’s sexual orientation simply aren’t appropriate in the workplace. They’ll lead to trouble …