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Employment Law

Heed the legal limits of video monitoring in the workplace

05/01/2006
Monitoring employees with video cameras probably doesn’t violate employee privacy rights, but employers should make sure they don’t step over the line of reasonable privacy concerns, such as monitoring dressing rooms …

Be wary of disciplining employees soon after union activities

05/01/2006

Courts, the NLRB and state labor relations boards are becoming more open to employee’s claims that they were disciplined in response to their union activities, even when no connection exists. For that reason, it’s important to be cognizant of your timing when taking action against a union worker …

Loss of supporting documents needn’t sink your defense

05/01/2006

What’s a smart HR professional to do when his or her employer is sued and the records you thought would back up management are gone? You can still save the day by locating different electronic or paper correspondence that supports your decisions …

Learn hotel’s lesson: Don’t require English at all times

05/01/2006

If you have a good business reason, you can require employees to speak English on the job. But don’t go overboard. As a New York City hotel just found out, requiring English be spoken at all times, even in the employee breakroom, can spark an EEOC national-origin claim …

Beware the legal risk of nasty notes in customer files

05/01/2006

Do your employees make editorial comments about customer quirks in your internal files? Typically, it’s not a problem. But a recent lawsuit shows the legal dangers of making potentially slanderous comments about customers in internal documents …

Religious accommodations: Know when to say ‘Yes’ or ‘No’

05/01/2006

Employers need to keep their eye on a growing trend: a groundswell of support for more freedom to practice religion in the workplace. And support for the movement is coming from some unexpected quarters: the U.S. Supreme Court and a bipartisan coalition of U.S. senators …

EEO-1 compliance: Prepare to comply with the new EEO-1

05/01/2006

In an effort to monitor employment of minorities and females in the work force, the U.S. Equal Employment Opportunity Commission (EEOC) requires certain employers to complete and file an Employer Information Report, commonly called an EEO-1 report, by Sept. 30 each year …

How Long to Tolerate a ‘Disappearing’ Employee?

05/01/2006

Q. We’re a small business with eight employees. One employee frequently takes off for six to eight weeks with medical problems. She’s done this each year for the past three years. It’s a huge burden because very few people have her training, so we can’t hire a temp. How long do we have to allow her to disappear for months at a time? —M.S., Ohio

Biggest Investigation Error: Skipping the Follow-Up Phase

05/01/2006

Too many HR people close the book on harassment investigations too early. By failing to check if harassment has flared up again, you open the organization to further liability …

FMLA users can shop around for favorable medical opinion

05/01/2006

When an employee shows you a medical certification that says she has a serious condition qualifying her for FMLA leave, you don’t have to blindly accept the doctor’s word. You can ask for a second opinion. But here’s what many employers don’t realize: Employees can do the same thing …