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Employment Law

Heads up: Workers can sue over ‘potty parity.’

02/01/2003
A manufacturing firm’s new plant had only one restroom, which was designed for men. Female workers were told they had to use that restroom during work hours, …

Undocumented workers can sue for retaliation under FLSA

02/01/2003
Macan Singh was recruited to work in the United States with a promise of a place to live, free tuition and eventual partnership in a business. When none of this materialized …

Monitor hiring process for subtle ‘name discrimination’

02/01/2003
Remind managers that it’s illegal to make hiring decisions based on a person’s race or ethnicity, even if that race is assumed because of the applicant’s name. A high-profile …

FLSA, FMLA enforcement reaches record highs

02/01/2003
If you thought the regulatory watchdogs would become lap dogs under the Bush administration, you were wrong. In fiscal 2002, the U.S. Labor Department collected $143 …

Supreme Court upholds pro-union fund-raising tactic

02/01/2003
In a victory for unions, the Supreme Court recently let stand a lower court ruling that said employees can be forced to pay mandatory dues for union organizing that occurs …

Keep your credibility intact: 12 lessons from the courtroom

02/01/2003
To avoid becoming the target of discrimination lawsuits, you need to protect your credibility as a leader and manager. Reason: It’s one of the top ways plaintiffs’ attorneys …

Offer accommodation, but don’t mandate extra leave

02/01/2003

Q. We’re afraid that a previously injured worker returned from medical leave too early. Can we require him to take additional leave if it’s obvious that the injury is still hurting his job performance? —M.D., Wyoming

When to Pay for On-Call Time

02/01/2003

Q. When do we have to count “on-call” time as hours worked?—L.G., California

Employee Can’t Claim COBRA if Not Enrolled in Plan

02/01/2003

Q. We offer insurance benefits that begin six months after hire. Due to changing business conditions, we had to terminate an employee after only 10 months on the job. But the worker wasn’t signed up for the health plan on his termination date. Does he now have any claim to COBRA? —M.R., South Carolina

Be upfront about pre-hire training needs

01/01/2003
Does your company mandate training courses before a new hire starts? If so, let job candidates know about these requirements and whether they’ll be paid for the time. …