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Employment Law

Train all supervisory employees how to spot and take complaints

05/01/2005
Don’t think that you can automatically swat away a pesky sexual-harassment suit by saying the complaining employee didn’t follow your complaint procedure to a “T.” Courts may let employees pursue their …

Take same-race discrimination complaints seriously

05/01/2005
Don’t allow discrimination to continue at your workplace simply because the “discriminator” and “discriminatee” are in the same racial minority. Just as supervisors over age 40 can be guilty of age …

Tap into new recruitment resource for summer help

05/01/2005
If you’re looking to fill seasonal or permanent positions, check out a new government program that helps employers hook up with college students with disabilities.
The Labor Department’s Workforce Recruitment …

Arbitration agreements: Draft legal pact to stay out of court

05/01/2005
THE LAW. Alternative dispute resolution (ADR) is a less costly way of resolving employment conflicts than going to court Also, good ADR programs often end up being a more peaceful forum …

Don’t deduct training costs from ex-Employee’s pay

05/01/2005

Q. As part of our new employees’ noncompete contracts, we’ve started including a clause that requires 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

‘Reasonable’ Maternity Leave Doesn’t Matter Under FMLA

05/01/2005

Q. Is there a law or reasonable standard regarding how many weeks maternity leave should be? And should we make that a written policy in our employee handbook? Even with FMLA, to which our employees are entitled, we thought maternity leave was either six or eight weeks, depending on type of delivery. —J.F., Pennsylvania

Pay Traveling Employees for Time Actually Worked

05/01/2005

Q. How should we compensate an hourly employee for an out-of-town, two-day (9 a.m. to 5 p.m.) seminar? In particular, should we pay for the hours during the overnight hotel stay, since the employee must sleep there to be ready for the next day’s session? —N.G., North Carolina

Don’t ‘get tough’ on certain staff; tie punishment to crime

05/01/2005
Issue: Supervisors tend to be quicker in disciplining employees that have given them trouble in the past.
Risk: Singling out certain “troublemakers” for discipline can spur a retaliation lawsuit.
…

Scour your policies now for any traces of age discrimination

05/01/2005
Issue: A new Supreme Court ruling ratchets up your vulnerability to federal age-discrimination lawsuits.
Risk: Employees no longer need to show a “smoking gun.” Even policies that inadvertently discriminate can …

State law dictates employees’ access to personnel file

05/01/2005

Q. An ex-employee whom we fired is now asking to take some documents from his personnel file. Is he legally allowed to do this? Do we have to give him the information just because he’s asking for it? —L.B., North Carolina