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Employment Law

Michigan OSHA inspection

06/01/2007

Q. Michigan’s labor department has sent us a letter stating that a MIOSHA safety officer will be coming to inspect our facility regarding an employee’s safety complaint. Are we obligated to let the safety officer come into our plant and question our employees? Will the officer tell us who filed the complaint?—C.B.

Review per diem reimbursements: IRS looking closer

06/01/2007

Make sure you’re closely tracking expense reimbursements. Since the beginning of 2007, the IRS has issued a stern warning …

Train managers to act immediately on leave requests

06/01/2007

Unless you train supervisors and managers to forward all FMLA requests immediately to the HR office, you may find your organization on the losing end of a lawsuit for interfering with an employee’s right to take medical leave …

Use confidentiality clause to guard against ‘Litigation theft’

06/01/2007

Employees pursuing legal actions against their employers sometimes snoop around to see what documentary “evidence” of wrongdoing they can find around the office. Protect yourself by having a clear policy against such unauthorized document distribution …

Indefinite suspension is retaliation, even without discharge

06/01/2007

When a company faces sexual harassment or other discrimination complaints, the investigation has to start as soon as possible. Sometimes that means suspending participants while you sort things out. A prompt conclusion to a thorough investigation is the key to avoiding retaliation charges when you tell everyone to take a “time out” …

Any pregnancy problem is a serious condition under FMLA

06/01/2007

When it comes to a pregnancy, employers may want to follow the safest path: Approve any absences that are even remotely related to the pregnancy as FMLA-covered time off …

No medical certificate? You can still run FMLA leave with PTO

06/01/2007

The U.S. Labor Department allows you to run FMLA leave concurrently with other paid time off. That’s your decision to make, not the employee’s. The result: no more than 12 weeks off. The same is true even if the employee never provides you with medical certification of a serious health condition …

Good evaluation, raise don’t invalidate retaliation claim

06/01/2007

Ever since the U.S. Supreme Court made it easier to charge retaliation for complaining about alleged discrimination, the courts have been flooded with new cases probing the limits of the ruling. The new test is whether an employer’s action would “dissuade a reasonable worker from making or supporting a charge of discrimination”…

Under Ohio disability discrimination law, employees can go directly to court

06/01/2007

Most federal discrimination laws require employees who think they have been wronged to file a complaint with the EEOC or their state’s equivalent agency before going to federal court. But that’s not the case when it comes to disability discrimination cases brought under the Ohio Revised Code anti-discrimination provisions …

Employee shot on the job loses intentional tort case

06/01/2007

A U.S. District judge dismissed an intentional injury suit against Daimler-Chrysler AG and the security firm Wackenhut Corp. The suit was brought by an employee injured in a shooting at the company’s Toledo North assembly plant in 2005 …