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Employment Law

Third state bars access to staff Facebook passwords

10/30/2012
California last month became the third state to enact a law that prohibits employers from asking applicants or employees for their passwords to social media sites. Illinois and Mary­­land had passed similar laws earlier this year.

When disciplining older worker, be sure to document all examples of poor performance

10/29/2012
Employees who sue for age discrimination under the ADEA must prove that, if not for illegal age discrimination, their employer wouldn’t have taken an adverse employment action. That’s why, when age may be an issue, em­­ployers are better off having several good reasons for terminating the employee.

Don’t be swayed by the top 9 excuses for harassment

10/29/2012

When managers witness or hear about a possible sexual harassment situation at work, it’s important for them to take the situation seriously. It’s vital for managers to contact the appropriate company officials in any potential harassment situations. Don’t be swayed by these common excuses you’ll hear from employees.

Do long hours change part-time status?

10/27/2012

Q. Many of our part-time warehouse employees have recently been putting in well over 40 hours per week. Do we have an obligation to change their status to full time?

Do we have FMLA reinstatement obligations if employee asks for leave and then quits?

10/27/2012

Q. One of our managers resigned a month ago, but she applied for FMLA leave a day before she quit. Are we under any obligation to return her to a position from which she resigned? Are we obligated to offer her a job when FMLA expires?

Can we limit employee freelancing?

10/27/2012
Q. I recently found out that one of our designers has been freelancing on the side. It doesn’t seem to be interfering with her work, but is there anything we can do legally to protect the interest of the company?

NLRB clamps down on internal investigation confidentiality

10/27/2012

The National Labor Relations Board, the federal agency charged with enforcing the National Labor Relations Act, has increased its focus on employer/employee communications. This matters to all employers, whether or not their employees are represented by a union.

Handicapped man fired for limping, typing too slowly

10/27/2012
A former employee in Bank of America’s mortgage office in Pittsburgh is suing the bank, claiming he was fired because of his disability.

Public employee can’t refuse due-process hearing and sue

10/27/2012
Here’s encouraging news for public employers: A fired employee can’t sue for deprivation of due process if she refuses to participate when the employer offers a due-process hearing.

ADA warning for bosses: You’re not qualified to diagnose employees’ mental illness

10/27/2012
The ADA protects employees with mental health problems from discrimination. That makes it dangerous for managers to engage in armchair psychology.