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Employment Law

Pay for training time

06/01/2007

Q. If our organization offers voluntary training to our employees and the training takes place during their lunch hour, do we have to pay the employees for the time spent attending the training? 

Background checks

06/01/2007

Q. When may an employer conduct background checks on employees and potential employees?

Track customer complaints—you may need them later

06/01/2007

If subjective criteria like attitude, leadership and being a team player are part of your organization’s employee evaluations, you’d be wise to keep detailed records of customer complaints …

Make sure agreement doesn’t include no-Lawsuit clause

06/01/2007

Using independent contractors can save money on benefits, overtime, workers’ compensation and a whole host of other costs associated with having employees. But watch out if your agreements with independent contractors include a clause prohibiting them from taking “a position contrary” to their status as independent contractors …

OK to change job requirements, but be prepared to justify

06/01/2007

Jobs evolve and often become more complex, so it makes sense to revisit job requirements when someone quits, retires or is promoted. There’s no better time to re-evaluate positions to make sure the next job candidates will have the skills, training and experience necessary to succeed. But if you don’t document the changes carefully, you may find yourself facing a lawsuit …

Solid reasons for firing protect against retaliation charges

06/01/2007

Nothing will land an employer in legal hot water faster than firing an employee who just made a discrimination complaint. At first glance, it will almost always look like retaliation. But that doesn’t mean your hands are tied …

If you don’t have a policy, you don’t have a defense

06/01/2007

If you don’t have a sexual harassment policy (or if no one pays attention to the one you have), watch out! You’ll have to pay compensatory damages if an employee can prove he or she was sexually harassed—and you also could pay punitive damages …

Act fast to remove supervisors who make racist comments

06/01/2007
Adopt a “zero tolerance” policy for managers or supervisors who make racist comments. Those caught making derogatory or discriminatory comments (à la Don Imus) should be promptly shut down. If you don’t fire or at least remove them immediately, their words may come back to hurt the company …

You can enforce a reasonable dress code

06/01/2007
Have your employees lost a sense of appropriate workplace attire? If so, remember that you can enforce a reasonable dress code. Just stay clear of banning religious dress that doesn’t pose a safety hazard—that might amount to religious discrimination. On the other hand, you don’t have to allow the same employee to sport the religious (and other) symbols of multiple faiths …

Clarify employee’s leave status the easy way: Jusk ask

06/01/2007

If your organization has a strict attendance policy, you naturally want to make sure you don’t miscount FMLA absences in the tally, or you risk an interference-with-leave lawsuit. But how are you supposed to know whether an absence is for an FMLA reason? If the employee never gives a reason for an absence or simply says he or she is sick, that’s not enough to require further inquiry on your part …