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Employment Law

What to include in a camera-Phone policy

09/01/2005

Q. I’m looking to create a company policy regarding cell phones with photographic capabilities. Any suggestions? —L.B., California

Thwart FMLA abuse with periodic calls, check-ins

09/01/2005
Issue: Many HR professionals believe they’ve unwittingly approved FMLA leave for fraudulent reasons.
Benefit: A new court ruling makes it easier for you to check up on employees on FMLA …

Review your personality test: Is it an illegal ‘medical’ exam?

09/01/2005
Issue: A recent court ruling says certain employment personality tests may violate the ADA.
Risk: If your test screens out people with mental disorders, it could be deemed an illegal …

Analyze employee handouts for legally explosive content

09/01/2005
Issue: Ready-to-use employee training materials flood the Internet.
Risk: Your supervisors create liability risks by distributing videos, books or handouts without first vetting them for offensive content.
Action: Review …

You don’t need to accommodate totally disabled workers

09/01/2005
Issue: How to handle employees who claim disability benefits but also want ADA-related job accommodations.
Risk: Sometimes, you must offer those accommodations, sometimes you don’t. One mistake can trigger an …

Don’t make ex-Employees pay training costs

09/01/2005

Q. We’ve started requiring employees to repay the company (through payroll deduction) for training costs if they quit or are fired within one year. Are we OK legally? —S.M., Kentucky

You can cut wages for ‘Maxed Out’ employees

09/01/2005

Q. We have some employees who are earning the maximum salary for their job classifications. Can we cut their pay if we feel they’re overpaid? —D.N., Colorado

Mandatory EAP referral is legal

09/01/2005

Q. In a previous issue of HR Specialist, you said that employers can’t force employees to visit a psychologist. Our Internet policy says that if we find employees accessing pornographic Web sites, they’ll receive a three-day suspension without pay and a mandatory referral to an EAP counselor. Can we require this? —A.C., Maryland

Clarify ‘for cause’ terminations in severance-pact wording

09/01/2005
Issue: Severance agreements that deny severance payments to employees fired “for cause.”
Risk: Failing to clarify “for cause” could result in having to pay severance to people fired for blatant …

Know your ADA duty to employees with cancer

09/01/2005
The EEOC just published a Q&A document explaining when cancer is a qualified disability under the ADA and how you should accommodate employees with cancer. Reasonable accommodations may include intermittent leave, …