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Employment Law

Worried about ‘Donning and doffing?’ Relax

07/09/2007

The U.S. Supreme Court created a big fuss last year by ruling that time used to put on or remove some work clothes and safety gear outside actual work hours might be compensable time. Many employers changed the way they calculated pay …

Trinity Church not responsible for assault on parishioner

07/05/2007

The Parish of Trinity Church of New York in lower Manhattan is not liable for the sexual assault of a church member by an employee, the New York Supreme Court, Appellate Division, has affirmed …

U.S. Labor Dept. draws battle lines in the great FMLA fight

07/03/2007

While employees love the Family and Medical Leave Act (FMLA) and want to see it expanded, the law is causing productivity, scheduling and legal headaches for employers, according to a new U.S. Labor Department report that summarizes 15,000 public comments on the FMLA. Here are employers’ main complaints, plus a 10-step plan to help you comply with the FMLA.

Job applications: How to create a legally safe form

07/02/2007

No single federal law governs job applications. Your biggest risk is asking unnecessary questions that run afoul of federal or state laws banning job discrimination on the basis of sex, age, race, religion, national origin or disability. But, done right, your application can be a great tool to communicate important information …

The WARN Act: When must you notify employees of layoffs?

07/01/2007

The federal Worker Adjustment and Retraining Notification (WARN) Act requires certain employers to give their employees at least 60 days notice before a plant closing or mass layoff …

Doing nothing after complaint leads to nothing but liability

07/01/2007

The most direct route to a hostile-work-environment lawsuit is to ignore complaints. Do nothing and your liability builds with each new complaint …  

Track discipline companywide to show no double standard

07/01/2007

One of the most common employment law claims is the uneven enforcement of workplace rules. The only foolproof way to counter such lawsuits …

Glowing evaluation doesn’t trump insubordination

07/01/2007

Have you worried about discharging an employee who just got an outstanding evaluation? It’s a legitimate concern, but don’t let it paralyze you …

Think worker is lying about health? Ask before disciplining

07/01/2007

Employees say the darndest things. Take, for example, those who call in sick or are out on disability for conditions you strongly suspect are not quite as serious as they say …

Mere lifting restriction doesn’t constitute disability

07/01/2007

The ADA protects disabled employees from discrimination and requires employers to provide reasonable accommodations. That doesn’t mean every minor impairment qualifies as a disability …