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Employment Law

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.

Court: FMLA may cover not-yet-eligible employees

10/27/2012
A federal court has rejected Hersha Hospitality Management’s request to toss out an FMLA interference lawsuit filed by an employee who had only worked for the Harrisburg company for 10 months when she was fired.

Beware bias peril built into applicant tests

10/27/2012
Do you use off-the-shelf pre-employment tests to screen applicants? Watch out! You could be setting yourself up for years of litigation if a disappointed applicant sues, alleging some form of discrimination.

Use hotline records to nail down complaints

10/27/2012
A hotline makes it easy for employees to file complaints internally—and for you to keep track of the kinds of complaints they are making. That can come in handy later if there’s a dispute about when or about what an employee complained.