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Employment Law

Sniff out suspicious FMLA requests with this 9-step plan

09/01/2004
Issue: Half of all HR professionals say they’ve approved FMLA requests that they believed weren’t legitimate. Risk: Employees who “work” the system to earn …

Check state rules, not just federal, on OT eligibility

09/01/2004
With all the talk about new federal overtime-eligibility rules, remember this: Some states set their own rules that may contradict federal law. In such cases, you must follow whichever law is …

New reason to tighten promotion process

08/01/2004
Can employees sue your organization for failing to promote them to jobs they never even applied for? It seems crazy, but it could be true. Courts are increasingly opening a backdoor …

Don’t let office romance poison workplace; third parties can sue

08/01/2004
Legal threats from interoffice romance typically come from harassment claims if the relationship sours. But here comes a new threat: employees who claim a “hostile environment” when favoritism caused by another …

You can block staff from bringing co-workers to disciplinary meetings

08/01/2004
Good news: Employees in nonunion workplaces no longer can insist on co-workers joining them during investigatory meetings. You can legally deny such employee representation requests thanks to a new National Labor …

Accommodate disabled workers, but don’t alter main job functions

08/01/2004
When employees request job accommodations for their disabilities, you must interact with them to find reasonable modifications. But it’s important to know how far your organization must stretch the job to …

Warn managers never to disclose medical info about former workers

08/01/2004
When checking applicants’ references, some employers like to do an “end run” around the HR department. They’ll call the applicant’s former supervisor directly to find out the dirt on the person. …

Base light-duty policy on business necessity; enforce it consistently

08/01/2004
Employers are very leery about firing pregnant employees, and rightly so. But don’t let your lawsuit fears paralyze you from taking legal, appropriate actions.
In short, federal law requires that …

Violent reaction from boss may trigger retaliation lawsuit

08/01/2004
If workers want to bring retaliation lawsuits against their employers, they must prove they suffered an “adverse employment action,” such as being fired, threatened or denied a promotion. But a court …

What will Congress do for (or to) your business for the rest of 2004?

08/01/2004
Don’t expect much action from Congress on employment-related law as its legislative year comes to a close. With election season heating up, members of Congress will want to press the flesh …