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Employment Law

Even ‘harmless’ banter can create a hostile environment

09/01/2003
Issue: A new ruling lowers the bar on what courts consider sexual harassment.
Risk: Allowing “boys to be boys”, even if they don’t target anyone for abuse, can now cost …

O-V-E-R-Q-U-A-L-I-F-I-E-D can spell ‘lawsuit’

09/01/2003
Issue: With the job market flooded with experienced and skilled people, the temptation rises for hiring managers to use “overqualified” as a weeding-out method.
Risk: Courts could view your use …

Pay for ‘donning and doffing,’ not waiting

09/01/2003
Issue: Should you pay employees for time spent putting on and taking off work clothes?
Benefit: Recent court case limits your obligations under so-called “donning and doffing” laws …

Don’t use weight as an excuse not to hire, no matter the cost

09/01/2003
Issue: Overweight employees cost you more in health care costs, and new research proves it. But you can’t discriminate against them.
Risk: More courts are saying that obesity is a …

Never assume pregnancy will affect employees’ ability to work

09/01/2003
Issue: It’s up to pregnant employees to decide if pregnancy or maternity will prevent them from performing their jobs.
Risk: Liability for up to hundreds of thousands of dollars in …

Too small for FMLA? Don’t be too sure

09/01/2003
Issue: Even if it employs fewer than 50 people, your organization could be subject to FMLA compliance.
Risk: Being affiliated with another organization could mean that, together, the two organizations …

New overtime rules facing delays

09/01/2003
Don’t expect the Labor Department’s proposal to revamp the Fair Labor Standards Act’s overtime provisions to take effect anytime soon. Labor received thousands of comments on the rules, proposed in March …

Tap new EEOC Web site for investigation insight

09/01/2003
The EEOC is coming after you for workplace discrimination. Now what? One good source, surprisingly, is the EEOC’s own site, which now offers a section titled “EEOC Investigations, What an Employer …

Follow these 3 rules for conducting pre-hire medical tests

09/01/2003
Issue: Requiring a medical test before hiring an applicant is smart, but it carries legal risks.
Risk: A wrong step can trigger Americans with Disabilities Act (ADA) or privacy lawsuits …

Ask on-Leave employees to tell you when they’ll return

09/01/2003

Q. Is it legal to require that employees on FMLA leave report to us regularly on their plans to return to work? —P.R., New York