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Employment Law

Is your company too small for FMLA? Don’t be too sure

02/01/2007

If your organization employs fewer than 50 people, it’s probably exempt from complying with the Family and Medical Leave Act. But be careful how you do your math …

Prevent bias against men who take FMLA leave

02/01/2007

Would your hiring managers react negatively to male employees or applicants just because they took FMLA leave to care for a newborn or a sick family member? …

Offer wellness incentives? Follow new govt. rules

02/01/2007

New IRS and Labor Department rules make it easier to offer financial incentives to employees for meeting health goals (such as health-plan premium differences between smokers and nonsmokers) …

Managers who hire for ‘Right look’ may be discriminating

02/01/2007

Image is everything, as the saying goes. But be extra careful that your pursuit of a certain work-force image doesn’t result in the weeding out of legally protected employees (females, minorities, older workers, etc.) …

Calculating FMLA eligibility? Add in prior service

02/01/2007

To be eligible for FMLA leave, employees must work for your organization for at least 12 months. But take note: Those months don’t need to be consecutive …

Prompt corrective action limits harassment liability

02/01/2007

When employees complain about a sexually hostile environment, it pays to remedy the situation … fast. That’s true even if you don’t believe the actions would amount to illegal harassment …

Hired a dud? Double-Check that person’s qualifications and sniff out exaggerations

02/01/2007

You’ve no doubt hired a candidate who looks great on paper but quickly shows deficiencies. The experience he or she listed on the résumé isn’t apparent when the person starts work. Before long, you realize your mistake and fire the new employee, who then sues for discrimination …

Listen for hints about illness … they may be FMLA notice

02/01/2007

The FMLA’s notice provision requires employees, to be eligible for FMLA leave, to let their employers know that they suffer from a serious health condition. Merely telling a supervisor “I’m sick” doesn’t cross to the threshold of a legitimate FMLA notice. But it’s important for supervisors to know that employees, on the other hand, don’t need to say something as explicit as “I need FMLA leave because I have X illness” …

Setting layoff criteria? You can ignore past performance

02/01/2007

When planning a layoff or restructuring, you can set criteria for who gets the ax by focusing on employees’ potential future contributions and ignoring their past performance …

390,000 reasons to avoid religious talk at work

02/01/2007

A new Arizona court ruling offers a good reminder that asking employees about their religious practices is irrelevant unless the employee is requesting a religious accommodation, such as time off to worship …