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Employment Law

Investigating workplace harassment: 10 steps to success

07/01/2003
Issue: Responding to employee harassment complaints is a high-stakes venture.
Risk: A botched investigation can damage employee moral and spark a lawsuit.
Action: Make sure you (or any manager …

Rewrite policy to prevent moonlighting during FMLA leave

07/01/2003
Issue: Unless your policy prevents it, employees can work a second job while out on medical-related FMLA leave.
Risk: Reduced productivity as employees “work” the system.
Action: To prevent …

Keep data on employees’ race separate

07/01/2003

Q. We have all new employees fill out a data sheet. Is it OK to ask for race on this form? —J.M., Nevada

Don’t dock exempt worker for partial-Day absence

07/01/2003

Q. If an exempt employee has no more paid leave left, can he take a couple hours off without pay? We’d just manually adjust his salary to reflect this. —A.D., Pennsylvania

You don’t need I-9 forms for pre-1986 hires

07/01/2003

Q. We have a few employees who started working for us more than 20 years ago, before the I-9 rules took effect. I don’t have an I-9 on file for these folks. Should I? —S.I., New York

Talking the talk: Be careful with these 5 ‘lightning rod’ terms

07/01/2003
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Managers can refuse bias-tainted orders, court says

07/01/2003
Issue: Courts won’t consider a manager “insubordinate” for ignoring a boss’s order if the manager believes the order is discriminatory. Risk: Increases danger of retaliation …

Here’s more reason to reinforce anti-bias policy

07/01/2003
If it’s been awhile since you’ve reminded employees about your anti-discrimination policy, now’s a good time. Why? A big U.S. Supreme Court ruling last month makes it easier for workers to …

Require medical exams only for clear job reasons

06/01/2003
Demand that managers give higher-ups clearly articulated business reasons for any impromptu medical tests they want employees to take. Often, courts will see these …

Forcing a resignation kills your legal defense

06/01/2003
Here’s even more incentive to end harassment at the earliest opportunity: A new court ruling says employers could give up their best defense in court if they allow workers to suffer …