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Employment Law

Employee ‘odor policy’ must pass the smell test

04/01/2004
Issue: Can you tell an employee to take a bath? Risk: You risk a discrimination claim because, unlike other grooming-policy issues, odor lies in the eye (or nose) of the …

Your ‘so-so’ employee is on leave; can you keep his replacement?

03/01/2004
It’s not uncommon to realize that employees on Family Medical Leave Act (FMLA) leave aren’t as productive as their temporary replacements. That puts you in the sticky situation of wishing you …

‘Willful’ violation can extend employees’ time to file FMLA suit

03/01/2004
Typically, employees can file Family and Medical Leave Act (FMLA) lawsuits no later than two years after the alleged violation. But if a worker can prove that your organization “willfully” violated …

Err on the side of stating the obvious in job descriptions

03/01/2004
It’s clear that some jobs require employees to work on site and work alongside others. But must you state that fact in every job description? The following case says “No,” you …

Wear kid gloves with accommodation requests; they are ‘protected activity’

03/01/2004
Alert managers that they can’t demote, fire or retaliate in any way against employees simply because they ask you to accommodate their physical ailments. That advice holds true even if employees …

You can monitor workers’ e-mail, but notify them first

03/01/2004
Employees won’t sue you for snooping in their e-mail if you make it clear (early and often) that it’s not their e-mail. It’s your property, and you hold the right to …

Workers’ religious beliefs don’t trump your need for a bias-free workplace

03/01/2004
Employees are clearly entitled to their own religious beliefs. But your organization doesn’t need to bend the rules to allow those beliefs to interfere with the rights of other employees.
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Small organizations: Prepare for looming HIPAA deadline

03/01/2004
Last year, the federal Health Insurance Portability and Accountability Act (HIPAA) required organizations that sponsored large health care plans (more than $5 million in premiums or claims) to start complying with …

Major revision planned for ADA’s access rules

03/01/2004
In January, a government panel approved the first major update of Americans with Disabilities Act (ADA) regulations since 1991. That move revises the ADA’s Accessibility Guidelines, which govern how organizations must …

How to prevent growing risk of ‘negligent supervision’ suits

03/01/2004
Thorough background checks can help you defeat any negligent hiring claim.
But what if applicants’ background checks come up clean, yet they begin displaying troublesome behavior at your workplace. In …