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Employment Law

The new risks of premature job offers

02/01/2005
Rescinding job offers just got more legally dangerous. As incredible as it sounds, if you pull the rug out from a candidate’s job offer, the person may be able to sue …

Small changes to returning worker’s job are OK

02/01/2005
When employees return to work after taking leave under the Family and Medical Leave Act (FMLA), you must restore either their original job or an equivalent job with the same pay, …

Scent or sensitivity? ‘Bad smell’ accommodation isn’t automatic

02/01/2005
Say you have an employee who complains that certain workplace smells make him or her sick. If the employee asks for an accommodation to block out the offending odors, must you …

Jobs must be ‘virtually identical’ (not similar) to bring equal-pay claim

02/01/2005
Don’t be afraid to set different salary levels for employees who hold the same title. Different pay for the same job title is fine as long as you can prove that …

Employee (not you) is responsible for filing FMLA certification on time

02/01/2005
When employees take medical leave under the Family and Medical Leave Act (FMLA), you can require them to give you a doctor’s certification that confirms the medical problem. You must give …

Hiding behind staffing agency won’t protect you; temps can sue, too

02/01/2005
Don’t treat temporary workers like second-class citizens when it comes to complying with employment laws. Contrary to popular belief, your organization isn’t protected from job-discrimination lawsuits simply because the workers affected …

Don’t extend disciplinary periods due to FMLA or military absences

02/01/2005
When employees are covered under the Family and Medical Leave Act (FMLA) or military-leave laws, you’re not allowed to count their legally protected absences in any negative way.
Pay special …

Focus on concrete qualifications in hiring, not esoteric ‘chemistry’

02/01/2005
Employers “hire for fit” all the time. But sometimes, a fine line exists between basing decisions on job-related qualifications and the employer’s “gut feelings” about the applicant. The problem: That gut …

Employ teens? Review new list
of ‘too dangerous’ positions

02/01/2005
The U.S. Labor Department unveiled new limitations on the type of responsibilities you can hand teen employees in certain industries. The new regulations, which take effect Feb. 14, revise child-labor rules …

Encourage staff volunteerism, but don’t link it to pay, promotion

02/01/2005
Heads up: More employers are heaping legal trouble on themselves by tracking employees’ volunteerism ef-forts and, in some cases, using that information (either directly or indirectly) as a prerequisite for promotions …