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Employment Law

Silence talk of employee health info; loose lips sink HR

07/01/2006

You know to keep employees’ health records confidential and locked away. Yet some HR professionals and supervisors aren’t so cautious when it comes to in-house talk of health information. Use the following court case to remind supervisors about the legal dangers of such gossip …

Feds Clarify Handling of ‘No-Match’ Letters, Electronic I-9s

07/01/2006

Pay attention to a pair of new regulations released in June that aim to help you comply with the laws relating to checking new hires’ work authorization documents. The first proposed Department of Homeland Security regulation sets forth guidance on how employers should handle so-called "no-match" letters that notify employers of discrepancies with new hires’ Social Security numbers …

At job review, take notes on employee’s comments

07/01/2006

DuPont engineer Godwin Igwe filed a discrimination lawsuit, claiming the company denied him bonuses and promotions because of his national origin. But DuPont successfully defended the suit because its records showed that Igwe said he understood and accepted his demotion because of funding cuts in his department …

Heed legal limits of video monitoring in the workplace

07/01/2006

Monitoring employees with video cameras likely won’t violate employees’ privacy rights, but employers should make sure they don’t step over the line of reasonable privacy concerns. Stay in the legal zone by monitoring only public areas of the workplace, and use soundless recording …

1099s won’t instantly create independent contractors

07/01/2006

Q. We hire seasonal temps and have them sign a policy that says their employment will end at a certain date. We’re aware of the unemployment responsibilities that come with being the last employer on record. If temps are hired with 1099 status, will our company still be responsible as the last employer on record and held liable for unemployment benefits? If we use a temp agency, are we liable? –B.B., New York

Look deeper into dubious intermittent FMLA leave

07/01/2006

Q. If an employee calls off intermittently for migraine headaches, how can we verify the real reason for the leave? Can we ask for information each time the employee is absent? —J.M., Illinois

Close the sale by conveying the right message

07/01/2006
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‘Pizza snub’ doesn’t equal religious bias

07/01/2006

A boss bought pepperoni pizza for all employees one day, but a Muslim employee felt slighted because, she said, the boss knew of her religious beliefs about eating pork …

Consistency Erases Risk of Light-Duty Jobs

07/01/2006

Employers who use light-duty programs to cut workers’ compensation costs often make one big legal mistake: They apply their policies haphazardly, allowing some employees to take light-duty jobs, but not others. That inconsistency is the fastest way to trigger discrimination lawsuits …

Employees’ Seniority Trumps Disabled Co-Workers’ ADA Rights

07/01/2006

If you award first choice of promotions, shifts, vacation slots and other perks based on employees’ seniority, you’ll face a dilemma if a disabled employee requests an ADA accommodation that conflicts with that policy …